Trump's Prosecutions of James & Comey May Be Dismissed Due to Unlawful Appointments

Unlawful Appointment of US Attorney in California

• ⚖️ A judge in California has ruled that a US attorney, Balali, was unlawfully appointed and disqualified after 120 days in an interim status.
• 💡 The judge stated that while Balali was unlawfully in the job, indictments he co-signed would not be dismissed because they were lawfully signed by other government attorneys.

Potential Case-Ending Implications for Virginia Prosecutions

• 📌 The ruling in California has direct implications for indictments against Leticia James and James Comey in Virginia, which were signed by Lindseay Halligan.
• 🔍 If Lindseay Halligan is found to have been unlawfully appointed as the US Attorney for the Eastern District of Virginia, her indictments could be dismissed.
• 📄 This is because the indictments against James and Comey appear to have only Halligan's signature, meaning there would be no other qualified federal prosecutor to validate them.

Legal Arguments and Judge's Opinions

• 🧐 While judges can sometimes reach different conclusions on similar issues, the appointment issue is described as "black and white" by legal experts.
• 🤞 There is a strong possibility that the judges presiding over the Comey and James cases will find Halligan's appointment unlawful, mirroring the California ruling.
• 📉 This situation is not looking good for Donald Trump or Lindseay Halligan regarding the continuation of these prosecutions.

Trump's Motivation and Strategy

• 📢 Donald Trump's focus on these prosecutions is seen as being about appearances and the message sent by the indictments, rather than convictions.
• 📣 He understands the impact of announcing an investigation, even if it doesn't lead to a conviction, to damage political opponents.
• 📉 The indictments serve to create a narrative that is amplified in public consciousness, regardless of the cases' eventual outcome.

Unethical Prosecutions and Potential Consequences

• ⚠️ The reliance on unlawfully appointed prosecutors suggests the unethical nature of these prosecutions and signals to the federal courts and DOJ.
• 🧑‍⚖️ Lindseay Halligan reportedly brought in prosecutors from North Carolina and Missouri, who appeared unfamiliar with the jurisdiction and the case specifics.
• 📉 These cases are predicted to "go down in flames," with potential referrals to bar counsel for ethics investigations and sanctions against the involved attorneys.

Rebringing Cases and Statute of Limitations

• ❓ If cases are dismissed due to Halligan's unlawful appointment, the DOJ could theoretically re-present the case to another grand jury with qualified attorneys.
• ⏳ A complication in the Comey case is the potential statute of limitations issue, though legal provisions might allow for pausing the limitation period due to administrative irregularities.
• ⚖️ Even if refiled, the cases would still face challenges related to vindictive prosecution, selective prosecution, and abuse of the grand jury, independent of Halligan's appointment status.