Comey and New York Attorney General James Move to Dismiss Cases Over Prosecutor Appointment
Former FBI Director James Comey and New York Attorney General Letitia James filed motions on Thursday in Alexandria, Virginia, asking a federal judge to dismiss the criminal cases pending against them. Their attorneys argue that the special counsel who led the investigations was appointed without proper authority, violating procedural rules and undermining the legitimacy of the prosecutions.
The lawsuits stem from separate inquiries into alleged misconduct. Comey faces charges related to the handling of classified information during his tenure at the bureau, while James is accused of misusing state resources in a high‑profile investigation. Both defendants contend that the special counsel’s appointment bypassed statutory requirements, a claim that could have broader implications for the use of special prosecutors in federal cases.
Legal experts note that challenges to the appointment of special counsel are rare but not unprecedented. They point to prior cases where courts examined the scope of the Attorney General’s delegation powers. "If the court finds the appointment was indeed improper, it could lead to the dismissal of the charges or require a re‑appointment following proper procedures," said a constitutional law professor familiar with the matter. Government officials, who declined to comment, indicated that the department will defend the appointment as consistent with existing guidelines.
The judge’s ruling is expected within the next few weeks. Should the motions be granted, prosecutors may need to restart the investigations with a duly appointed special counsel, potentially delaying any further legal action. Conversely, a denial could reinforce the current prosecutorial framework and allow the cases to proceed to trial. The outcome will be closely watched for its impact on the balance of executive authority and judicial oversight in high‑profile investigations.
