The Justice Department told federal judges Monday that acting U.S. Attorney Lindsey Halligan, picked to prosecute the cases against former FBI Director James Comey and New York Attorney General Letitia James, is legitimately holding her office.
And even if Ms. Halligan isn’t legally holding her post, Attorney General Pam Bondi has personally ratified the indictments, effectively “curing” any deficiencies, the department said.
Ms. Bondi has also ratified Ms. Halligan’s appointment as a “special attorney” allowing her to carry out criminal prosecutions in Virginia, further bolstering the case, department lawyer Henry Whitaker told the courts in filings.
Mr. Comey has been indicted on charges of lying to Congress and obstruction. Ms. James has been charged with fraud stemming from a mortgage application.
The former U.S. attorney for the Eastern Virginia district, Erik Siebert, was pushed out after he failed to bring the cases. Ms. Halligan was then appointed.
Both defendants have said the cases are vindictive prosecutions and have challenged Ms. Halligan’s appointment, saying the cases should be dismissed.
Under the law, they say, an acting U.S. attorney appointed by the attorney general can only serve for 120 days in the absence of a Senate confirmation. Mr. Siebert skirted that by being confirmed to the post by the judges in the Eastern District of Virginia.
The issue is whether the 120-clock restarted after he was pushed out, or whether that 120-day period ran from the start of President Trump’s term, when the Biden-era U.S. attorney left.
