The Counsel The Losing Isn’t Over for Trump’s Justice Department
Nov 25, 2025
Elie Honig dives into the collapse of high-profile cases involving Comey and James, revealing key legal missteps that led to dismissals. He discusses the improper appointments and Judge Curry’s reasoning behind the rulings. The challenges of appealing and the potential for re-indictments are explored, highlighting practical obstacles like reluctance from prosecutors and grand juries. Elie warns that inherent flaws may ultimately doom these prosecutions, painting a bleak picture for the DOJ's ambitions in these cases.
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Learning About The Ruling In Class
- Elie Honig recounts learning about the major decision while teaching a Rutgers class and pausing to review it with students.
- He used the moment to stress to future prosecutors the importance of not making the mistakes seen in these prosecutions.
Invalid Appointment Sank The Cases
- The Comey and James indictments collapsed because the person who signed them, Lindsay Halligan, lacked a valid appointment as U.S. attorney.
- Judge Curry found the administration illegally extended temporary appointments, rendering the indictments invalid.
Succession Law Blocks Endless Temps
- The decision prevents presidents from dodging Senate confirmation by repeatedly appointing temps to 120-day posts.
- Judge Curry compared this to Judge Eileen Cannon's ruling in the Trump classified-documents case, showing appointment law can be dispositive.
