James Comey

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Federal judge dismissing cases against Comey and James in courtroom, gavel strike.
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Judge tosses Comey and Letitia James cases after finding prosecutor was unlawfully appointed

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A federal judge in Virginia has dismissed the Justice Department’s criminal cases against former FBI Director James Comey and New York Attorney General Letitia James, ruling that the acting U.S. attorney who secured the indictments was unlawfully appointed. The dismissals were issued without prejudice, leaving open the possibility that prosecutors could try to bring new charges.

At a Nov. 5 hearing in Alexandria, Va., a federal magistrate judge criticized prosecutors in the criminal case against former FBI Director James Comey and ordered the Justice Department to swiftly turn over investigative and grand-jury materials, as disputes over evidence handling and privilege intensified.

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Top Department of Justice officials have dismissed rumors of a staged media arrest for former FBI Director James Comey before his scheduled arraignment. FBI Director Kash Patel and Deputy Attorney General Todd Blanche described the reports as distractions during an interview in Chicago. Comey faces charges related to a false statement to Congress stemming from the Trump-Russia probe.

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