ALEXANDRIA, Va.—A federal judge considered on Nov. 13 whether to dismiss the cases against former FBI Director James Comey and New York Attorney General Letitia James on the basis that the prosecutor who brought those indictments was invalidly appointed.
It was one of two hearings expected over attempts to dismiss the cases and raised questions about the administration’s attempts to fill vacancies amid difficulty getting nominations through the Senate.
Federal law allows the attorney general to fill vacant U.S. attorney spots, but debate has emerged over how that replacement should, in turn, be replaced. Under 28 U.S.C. Section 546, Congress allows interim attorneys to serve for 120 days, further providing that district courts “may appoint” a U.S. attorney to fill vacancies at the end of that timeframe if the Senate hasn’t already appointed a replacement….
Judge Weighs Attempts to Dismiss Comey, James Cases Over Prosecutor’s Appointment
