A bipartisan group of current and former Members of Congress is requesting that a U.S. Appeals Court uphold the lower court's decision to dismiss the Justice Department's prosecution of former FBI Director James Comey," said outgoing CBS News reporter Scott MacFarlane.
The DOJ attempted to prosecute Comey for making false statements to Congress in the Eastern District of Virginia. Comey testified via Zoom during the pandemic from his home, which is how they were able to move the case out of Washington, D.C. Grand juries in the capital city have been unfriendly to some of the DOJ's efforts.
The case was dismissed because the lower court judge ruled that U.S. Attorney Lindsey Halligan was unlawfully appointed to her post in Virginia, because she was not approved by Congress.
The lawmakers also argue that the administration consistently appoints unlawful U.S. attorneys that don't match the standard outlined by the judges in the case, MacFarlane said, showing a screen capture of the filing.