DOJ plans appeal after judge tosses charges against Comey and Letitia James

The U.S. Department of Justice says it will appeal a federal judge’s decision to dismiss criminal charges against two prominent political opponents of President Trump.

(NBC)- The U.S. Department of Justice says it will appeal a federal judge’s decision to dismiss criminal charges against two prominent political opponents of President Trump — former FBI Director James Comey and New York Attorney General Letitia James.

Attorney General Pam Bondi said the department will take “all available legal action,” including an immediate appeal, after the judge ruled that Lindsey Halligan — Trump’s handpicked interim U.S. Attorney in Virginia — was not lawfully appointed. Federal law limits how long top prosecutors can serve without Senate confirmation, and Halligan exceeded that window.

Halligan, a former personal attorney to President Trump with no prosecutorial experience, was the sole signer of both indictments. The judge determined that because she was improperly in the role, the cases could not move forward.

Other prosecutors in the office — along with Halligan’s predecessor — previously concluded there was not enough evidence to indict. The charges were brought after President Trump publicly pressed Bondi on social media to pursue Comey and other critics.

Comey had pleaded not guilty to charges alleging he lied to Congress and obstructed a congressional investigation. He has long argued the case was politically motivated, saying, “A message has to be sent that the President of the United States cannot use the Department of Justice to target his political enemies.”

Letitia James, who has previously led civil fraud actions against Trump, pleaded not guilty to accusations she misled a bank to secure a better mortgage rate. She said in a statement that she remains “fearless in the face of baseless charges.”

The DOJ has not given a timeline for its appeal, and both defendants remain cleared of charges unless the ruling is overturned.