Bondi’s Appointment Maneuver Could Void Comey & James Indictments

In a post earlier today, I outlined the state of play in former FBI Director James Comey’s motion to dismiss the Trump Justice Department’s indictment against him on the grounds that Lindsey Halligan was not qualified to act as the interim United States Attorney for the Eastern District of Virginia. Comey contends that Halligan is ineligible to serve pursuant to Section 546, the statute under which Attorney General Pamela Bondi appointed her back on September 22, because the 120-day limit for an interim term had already been served by Halligan’s predecessor, Erik Siebert.

Siebert was fired by President Trump after he declined to prosecute Comey and another Trump political foe, New York Attorney General Letitia James. In addition to indicting Comey, Halligan indicted James; the latter’s motion to disqualify Halligan, on the same Section 546 rationale, has been consolidated with Comey’s.

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.

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In a post earlier today, I outlined the state of play in former FBI Director James Comey’s motion to dismiss the Trump Justice Department’s indictment against him on the grounds that Lindsey Halligan was not qualified to act as the interim United States Attorney for the Eastern District of Virginia. Comey contends that Halligan is ineligible to serve pursuant to Section 546, the statute under which Attorney General Pamela Bondi appointed her back on September 22, because the 120-day limit for an interim term had already been served by Halligan’s predecessor, Erik Siebert.

Siebert was fired by President Trump after he declined to prosecute Comey and another Trump political foe, New York Attorney General Letitia James. In addition to indicting Comey, Halligan indicted James; the latter’s motion to disqualify Halligan, on the same Section 546 rationale, has been consolidated with Comey’s.

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.