APPOINTMENT DEEMED UNLAWFUL
Halligan, who had no prosecutorial experience, was appointed after Trump ordered Attorney-General Pam Bondi to replace her predecessor Erik Siebert, who had declined to bring charges against Comey or James, citing insufficient evidence.
Shortly after taking office, Halligan secured indictments against both officials even as career prosecutors refused to participate.
Comey has pleaded not guilty to charges of making false statements and obstructing Congress. James has pleaded not guilty to bank fraud and lying to a financial institution.
Their lawyers argued that Halligan’s installation violated a federal law limiting interim US attorney appointments to one 120-day term. Repeated interim appointments, they said, would allow the executive branch to bypass the Senate confirmation process indefinitely.
Justice Department lawyers countered that the law permits multiple interim appointments. Bondi, attempting to reinforce the cases, later appointed Halligan as a special attorney and said she had ratified the indictments.
At a Nov 13 hearing, Judge Currie repeatedly questioned why the Justice Department had taken that extra step if it believed Halligan’s appointment was valid.
Both Comey and James have also argued the cases amount to “vindictive” prosecutions motivated by Trump’s animosity.
