The Trump administration’s bid to revive two high-profile criminal prosecutions that a federal judge had tossed faced a frosty reception at a federal appeals court Tuesday, as the judges expressed skepticism about whether the U.S. attorney who brought the charges was lawfully appointed.
A three-judge panel on the U.S. Court of Appeals for the Fourth Circuit heard the Department of Justice’s appeal of the dismissal of prosecutions against former FBI Director James Comey and New York Attorney General Letitia James. The two cases were dismissed after a federal district judge found former interim U.S. Attorney Lindsey Halligan, the prosecutor overseeing the cases, was unlawfully appointed.
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