Legal scholar cautions Letitia James on celebrating dismissal
Hold the confetti, folks -- New York Attorney General Letitia James might be popping champagne too soon after a federal judge tossed out bank fraud charges against her and former FBI Director James Comey, according to one legal commentator, as Fox News reports.
On Monday, Judge Cameron Currie dismissed the indictments, but not because the case lacked substance -- rather, a procedural hiccup involving an unqualified U.S. attorney led to the ruling.
The issue stemmed from a statutory misstep: the U.S. attorney’s predecessor had already exhausted the 120-day appointment window, requiring a court-appointed successor, which didn’t happen. It’s a bureaucratic snag, not a vindication, and conservatives watching this case see it as a temporary roadblock rather than a dead end for justice.
Procedural Dismissal Sparks Immediate Pushback
Importantly, the dismissal was issued without prejudice, meaning the charges aren’t buried -- they can be refiled once the procedural mess is cleaned up. This isn’t a “get out of jail free” card; it’s more like a “try again later” note from the judge.
Attorney General Pam Bondi didn’t waste a second, announcing that the Department of Justice will pursue “all available legal action, including an immediate appeal, to hold Letitia James and James Comey accountable for their unlawful conduct.” That’s the kind of resolve conservatives expect when progressive figures seem to dodge accountability on technicalities.
Constitutional law professor Jonathan Turley echoed this sentiment, predicting the Trump administration will challenge the ruling. He noted the decision hinged on procedure, not the case’s merits, leaving the door wide open for a comeback. It’s a reminder that the legal system can be a marathon, not a sprint.
Legal Experts Weigh In on Statute Debate
Turley also offered a sharp observation on James’ reaction, saying, “I think she missed the two words that followed dismissal, and it was dismissed without prejudice.”
He continued, “So the Trump administration, even if they lose on appeal, could seek out a new indictment. This is not over for James or Comey.” That’s a polite but pointed jab -- celebrating now might look foolish if the gavel falls again soon.
Former Trump impeachment lawyer David Schoen downplayed the dismissal as a minor hiccup for the administration, arguing it was predictable but misguided. He believes the courts misinterpreted the law, and he’s not alone in questioning the statute’s application here.
Constitutional Questions Loom Over Case
Schoen highlighted differing scholarly views, noting that legal expert Steve Calabresi considers the relevant statute unconstitutional for infringing on executive power. Meanwhile, Paul Cassell argues it’s constitutional but grants the president ongoing authority to appoint interim U.S. attorneys. This split shows even the ivory tower can’t agree on how to untangle this knot.
For conservatives, this debate underscores a broader frustration with judicial overreach and procedural gamesmanship that often shield progressive leaders from scrutiny. If Calabresi is right, the statute itself could be struck down, clearing the path for accountability without these legal speed bumps.
Letitia James, for her part, framed the dismissal as a win, stating she remains “fearless in the face of these baseless charges” while fighting for New Yorkers. It’s a bold stance, but one that might ring hollow if the charges resurface with a properly appointed prosecutor at the helm.
Trump Administration’s Next Move Critical
The Trump administration’s expected appeal, as Turley noted, signals this saga is far from over. For those wary of unchecked power in progressive offices, this persistence is a breath of fresh air -- justice delayed shouldn’t mean justice denied.
What’s clear is that Monday’s ruling isn’t the final word, merely a pause in a larger battle over accountability and legal fairness. Conservatives hope the Department of Justice’s swift action will ensure that procedural errors don’t let serious allegations slip through the cracks.
As this case unfolds, it’s a stark reminder that the fight against what many see as a progressive agenda entrenched in high office requires patience and precision. The dismissal without prejudice keeps hope alive that the merits of the case -- not just paperwork -- will eventually take center stage. Let’s see if James is still smiling when the next chapter is written.



