{"id":20690,"date":"2025-10-29T21:40:36","date_gmt":"2025-10-29T21:40:36","guid":{"rendered":"https:\/\/cndailynews.store\/?p=20690"},"modified":"2025-10-29T21:40:36","modified_gmt":"2025-10-29T21:40:36","slug":"judge-orders-doj-to-hand-over-files-in-comey-letitia-james-indictments-2","status":"publish","type":"post","link":"https:\/\/cndailynews.store\/?p=20690","title":{"rendered":"Judge Orders DOJ to Hand Over Files in Comey, Letitia James Indictments"},"content":{"rendered":"
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A Clinton-appointed federal judge has ordered the Department of Justice to turn over all internal records related to U.S. Attorney Lindsey Halligan\u2019s involvement in the criminal cases against former FBI Director James Comey and New York Attorney General Letitia James.<\/p>\n

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Judge Cameron McGowan Currie, who sits in the District of South Carolina, issued the order Tuesday following requests from defense lawyers in both cases. The directive requires the Justice Department to submit, by 5:00 p.m. on November 3, all documents and grand jury materials showing Halligan\u2019s role in the indictments \u2014 but only for private judicial review, shielding the contents from both defense counsel and the public.<\/p>\n

The sealed, in camera review will take place in Judge Currie\u2019s chambers at the Matthew J. Perry U.S. Courthouse in Columbia, South Carolina.<\/p>\n

The order comes after Letitia James, who was indicted last week in Norfolk, Virginia, for alleged misuse of federal and charitable funds, filed a motion to dismiss the case on constitutional grounds. James argued that Halligan\u2019s appointment as Interim U.S. Attorney for the Eastern District of Virginia violated the Appointments Clause of the Constitution and the federal statute governing interim federal prosecutors, 28 U.S.C. \u00a7 546.<\/p>\n

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\u201cMs. Halligan had no lawful authority to bring charges in this case,\u201d James\u2019 attorney wrote in her\u00a0motion<\/a>. \u201cHer appointment was invalid under both statute and the Constitution, rendering the indictment null.\u201d<\/p>\n

James also requested that her challenge be consolidated with a similar motion filed by James Comey, who was indicted by a federal grand jury earlier this year for alleged obstruction and classified document mishandling.<\/p>\n

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Last week, Judge Jamar Walker, a Biden appointee in the Eastern District of Virginia, approved James\u2019 request and formally transferred the motions to Judge Currie \u2014 the same judge now overseeing the joint review.<\/p>\n

Comey\u2019s motion, first filed in September, also challenged Halligan\u2019s authority to sign his indictment, calling her role \u201cconstitutionally defective.\u201d The Fourth Circuit Court of Appeals previously ordered that the matter be reassigned to Currie for \u201cjudicial efficiency.\u201d<\/p>\n

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Judge Currie\u2019s latest order states that determining \u201cthe extent of the indictment signer\u2019s involvement in the grand jury proceedings\u201d is essential to resolving whether Halligan\u2019s appointment was legitimate.<\/p>\n

\u201cAccordingly, the Government is directed to submit, no later than Monday, November 3, 2025, at 5:00 pm, for in camera review, all documents relating to the indictment signer\u2019s participation in the grand jury proceedings, along with complete grand jury transcripts,\u201d Currie wrote.<\/p>\n

\u201cIn camera review is appropriate given the secrecy requirements applicable to grand jury proceedings.\u201d<\/p>\n

The decision effectively places the fate of two of the Biden administration\u2019s most politically explosive prosecutions \u2014 involving a former FBI director and a sitting Democratic attorney general \u2014 in the hands of a single Clinton-appointed judge.<\/p>\n

Halligan, a former Florida attorney who rose to prominence for her work during the Trump administration\u2019s investigations into FBI misconduct, was appointed interim U.S. Attorney in early 2025 amid a leadership shake-up at Main Justice. Her appointment bypassed Senate confirmation, relying instead on an internal designation by the Attorney General.<\/p>\n

Under 28 U.S.C. \u00a7 546, a U.S. Attorney may be appointed by the Attorney General for up to 120 days, after which the district court for that jurisdiction may extend or renew the appointment.<\/p>\n

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A Justice Department spokesperson declined to comment on the pending order, citing the confidential nature of grand jury materials. However, sources familiar with the process confirmed that DOJ attorneys are preparing a classified submission to comply with the court\u2019s November 3 deadline.<\/p>\n

Legal analysts note that while in camera reviews are common when dealing with grand jury secrecy, Judge Currie\u2019s sweeping demand for \u201call documents\u201d relating to Halligan\u2019s grand jury participation suggests a rare degree of judicial skepticism toward the DOJ\u2019s conduct.<\/p>\n

\u201cThis indicates the court is taking the Appointments Clause challenge seriously,\u201d said constitutional law professor Jonathan Adler. \u201cIf the judge finds Halligan\u2019s appointment invalid, it could undermine multiple federal prosecutions, not just these two.\u201d<\/p>\n

Judge Currie\u2019s order leaves several key questions unanswered \u2014 most notably, whether her review could ultimately lead to the suppression or invalidation of the indictments against Comey and Letitia James.<\/p>\n

For now, both cases remain in procedural limbo as the Justice Department acts to meet the court\u2019s document deadline.<\/p>\n<\/div>\n

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