WSJ Opinion: Potomac Watch Trump Loses Round One on Prosecuting James Comey and Letitia James
Nov 26, 2025
Bill McGurn, a noted columnist at The Wall Street Journal, and Barton Swaim, a keen political analyst, dive into the dismissal of charges against Comey and James. They discuss the implications of the judge's ruling on appointment validity and whether it could signal a shift in legal accountability. The duo debates the ongoing cycle of political prosecutions and how partisan tensions fuel it. With compelling insights on the procedural issues affecting justice, they highlight the need for Senate oversight and the potential chaos of retaliatory lawfare.
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Procedural Shortcuts Undermine Prosecutions
- The judge dismissed the Comey and Letitia James indictments because Lindsey Halligan's interim appointment violated the federal vacancy law.
- Bill McGurn warns that cutting procedural corners invites judicial reversal and weakens prosecutions.
120-Day Rule Could Circumvent Senate Check
- The federal vacancy statute allows a 120-day interim appointment by the attorney general before courts step in to fill a vacancy.
- The judge feared serial 120-day reappointments could let the president bypass Senate confirmation.
Separation Of Powers Question Awaits Appeal
- The panel debates whether Congress can permissibly let courts appoint executive officers after 120 days without violating separation of powers.
- Appeals courts or the Supreme Court could either uphold the scheme, strike the judicial-fill step, or invalidate the whole structure.