James Comey catches DOJ saying one thing to bury Jack Smiths report on Trump and another to clean up a mess of Pam Bondi [View all]
Source: Law & Crime
Mar 4th, 2026, 5:28 pm
James Comey accused the DOJ of hypocrisy on Tuesday, as the former FBI director told a three-judge panel that efforts to revive his "fatally flawed" false statement and obstruction prosecution cannot succeed.
The brief at the 4th U.S. Circuit Court of Appeals began by calling the "purported indictment" of Comey "fatally flawed" because U.S. Attorney General Pam Bondi unlawfully appointed Lindsey Halligan as the interim U.S. attorney for the Eastern District of Virginia and then failed to fix the defect a month after the fact.
Since Halligan "could not validly exercise any governmental power" at the time she secured the indictment on her own and without authority, Comey said, the DOJ shouldn't get another chance to imperil his freedom.
"The government seeks to excuse its unlawful actions on the ground that it perhaps could have appointed Ms. Halligan differently. But that argument lacks force where, as here, fundamental constitutional protections and individual liberty are at stake. In short, the United States cannot charge and prosecute a case through a person who is not entitled to exercise governmental authority," Comey argued. "This Court should affirm."
Read more: https://lawandcrime.com/high-profile/james-comey-lowers-boom-on-lindsey-halligan-and-says-theres-nothing-doj-can-do-to-salvage-prosecution/
Full headline: James Comey catches DOJ saying one thing to bury Jack Smith's report on Trump and another to clean up a mess of Pam Bondi's making
Link to FILING (PDF) - https://s3.documentcloud.org/documents/27760136/comey.pdf
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