CHARLOTTESVILLE, VA (CVILLE RIGHT NOW) – The senior United States District Judge from South Carolina presiding over pretrial motions in the Eastern District of Virginia is ordering the Government submit all grand jury documents that led to indictments of former FBI Director James Comey in Alexandria, and New York State Attorney General Leticia James in Norfolk to the federal court in Columbia, SC by the close of business Monday, November 3.
Defense teams for both Comey and James have filed motions in those respective courts to dismiss the indictments under contention that interim U.S. Attorney Lindsey Halligan was “invalidly appointed” in violation of the Appointments Clause and U.S. Code 28-546.
Judge Cameron McGowan Currie wants “all documents relating to the indictment signer’s participation in the grand jury proceedings, along with complete grand jury transcripts” for “in camera” review.
CvilleRightNow legal analyst, and local Charlottesville attorney, Scott Goodman said, “Comey’s and James’ lawyers are saying that Halligan’s appointment is illegal—-and thus the indictments not valid—-because a President can only appoint one interim US Attorney.”
CvilleRightNow legal analyst, and former US Attorney for the Western District of Virginia, Tim Heaphy notes, “Here, Trump named Halligan after Erik Seibert was removed. Siebert was acting and the six months expired, and Trump named Halligan instead of the judges stepping in and naming a temporary US Attorney.”
Heaphy continues that this same issue is being litigated in New Jersey with former Trump defense attorney Alina Habba.
Goodman said, “It’s really a hair-splitting..very technical argument on both sides, and the Court wants each side to submit legal authority for the Court’s review.”
This coming just after a federal judge in Los Angeles disqualified acting US Attorney Bill Essayli in the Central District of California on three cases after determining the Trump appointee was in the job longer than allowed by law.
That said, he is allowed to serve as First Assistant US Attorney which keeps him as the top prosecutor in that office.
