Serious Trouble Cases Dismissed
Dec 5, 2025
The dismissal of criminal cases against James Comey and Letitia James sparks a deep dive into the legitimacy of interim U.S. Attorney appointments. Exciting legal intricacies are revealed, including a rare favorable ruling for Trump and ongoing lawsuits like Eric Swalwell's against Bill Pulte. Megan Thee Stallion scores a significant defamation win, while Jacob Wohl and Jack Burkman face probation. The conversation blends detailed legal analysis with pop culture, making it both informative and entertaining.
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Invalid Interim Appointments Sink Cases
- The Comey and Letitia James indictments were dismissed because Lindsey Halligan was not validly appointed as interim U.S. attorney.
- Judge Curry found the 120-day reappointment theory and the administration's interpretation of the statute incompatible with the appointments clause.
Statute Protects Judicial Backstop
- The statute's design gives district judges a backstop appointment power that the administration's perpetual 120-day theory would nullify.
- That statutory structure supports courts finding repeated interim reappointments unlawful and unconstitutional under the Appointments Clause.
Appointments Clause Framed The Remedy
- The court found an Appointments Clause violation because the president bypassed Congress's determination for inferior officer appointments.
- The remedy was dismissal without prejudice given Halligan's central, singular role in prosecuting the cases.