A U.S. appeals court in Richmond, Virginia, is set to hear arguments on Tuesday regarding the Justice Department's effort to reinstate criminal cases against former FBI Director James Comey and New York Attorney General Letitia James. These cases were dismissed last year by U.S. District Judge Cameron McGowan Currie, who ruled that the prosecutor, Lindsey Halligan, was not lawfully appointed to a 120-day interim term as U.S. Attorney for the Eastern District of Virginia.
The Justice Department is arguing that Currie's decision would unduly restrict the attorney general's authority to appoint interim U.S. Attorneys. Conversely, lawyers for Comey and James contend that the DOJ's stance would allow the president to circumvent the Senate's confirmation process for such appointments.
The prosecutions were initiated after President Donald Trump publicly called for action against Comey and James. Trump had previously fired Comey as FBI director during an investigation into Russian interference in the 2016 election, and James had sued Trump and his family business for fraud. Both Comey and James have denied wrongdoing, alleging they were targeted as part of a retribution campaign.