Vacancies Act Threatens Comey Indictment

Former FBI Director James Comey was indicted on two federal counts in a case overseen by Lindsey Halligan, a U.S. attorney appointed by the Trump administration amid controversy. Legal analysts — including commentators across the political spectrum — say Halligan’s appointment likely violates the Vacancies Act and related statutes because she succeeded an interim U.S. attorney who had already served the statutorily authorized interim term. Career EDVA prosecutors and Main Justice lawyers reportedly questioned the evidence, and DOJ declined to provide staff assistance, yet a grand jury returned the indictment. Halligan’s predecessor, Erik Siebert, had declined to bring charges and was removed, a fact critics cite in arguing the prosecution may be politically motivated. The White House and DOJ publicly back Halligan, but defense teams could pursue pretrial remedies such as disqualification motions or dismissal based on vacancy-law defects, selective or vindictive prosecution, or due-process claims, and some commentators say dismissal or other pretrial victories are plausible.