A federal judge dismisses the case against former FBI Director James Comey and former AG Tish James. The Department of War considers recalling Sen. Mark Kelly for court-martial proceedings. Gas prices have dropped below $2.50 a gallon.
00:00:00.000Hello everybody, I'm John Fossett with this Great America Show midday update for Monday, November 24th.
00:00:04.540Happy Monday, folks. I hope you all had a great weekend.
00:00:07.780A federal judge just moments ago dismissed the criminal cases against former FBI Director James Comey
00:00:12.780and big old Tish James, the Attorney General of the great state of New York.
00:00:17.860The case was dismissed without prejudice, which means it was only dismissed temporarily.
00:00:22.300Judge Cameron McGarran-Curry, a Clinton appointee, ruled that U.S. Attorney Lindsay Halligan was invalidly appointed.
00:00:28.780Now, the judge ruled that, number one, the appointment of Lindsay Halligan as interim U.S. Attorney violated 28 U.S.C. 546
00:00:35.940and the Appointments Clause of the U.S. Constitution.
00:00:39.420Number two, all actions flowing from Ms. Halligan's defective appointment,
00:00:44.320including securing and signing Mr. Comey's indictment, were unlawful exercises of executive power and hereby set aside.
00:00:51.220Number three, the Attorney General's attempt to ratify Ms. Halligan's actions were ineffective and hereby set aside.
00:00:56.780Number four, Mr. Comey's motion to dismiss the indictment is granted in accordance with this order.
00:01:02.680Number five, the indictment is dismissed without prejudice, as we said.
00:01:06.220So it's just a temporary dismissal, which I'm sure Lindsay Halligan and the folks will come back and revisit.
00:01:15.420And number six, the power to appoint the interim U.S. Attorney for the Eastern District of Virginia,
00:01:18.620pursuant to 28 U.S.C. during the currency vacancy lies within the district court until a U.S. attorney is nominated by the president
00:01:26.640and confirmed by the Senate under 28 U.S.C.
00:01:30.520A grand jury in the Eastern District of Virginia indicted former FBI Director James Comey in September,
00:01:35.560indicted on two counts, false statements, and obstruction of a congressional proceeding.
00:01:41.000James Comey filed that motion to dismiss his federal case, claiming vindictive prosecution.
00:01:45.900Boy, James has not seen vindictive prosecution like they did to President Trump.
00:01:51.040James Comey cited two other cases as he's challenged Halligan's appointment as the interim U.S. Attorney for the Eastern District of Virginia.
00:01:57.400New York AG Tish James, also indicted by a federal grand jury in the Eastern District last month.
00:02:01.900According to the DOJ, Tish James was charged with two crimes, bank fraud under 18 U.S.C.
00:02:06.760and false statements to a financial institution also under 18 U.S.C.
00:02:12.600James also filed that motion to dismiss the federal indictment, arguing that Lindsay Halligan's appointment
00:02:17.020as U.S. interim attorney is in violation of the appointments clause.
00:02:21.340So, folks, we're just waiting to get the real indictments.
00:02:26.120As we've been told, they're coming, they're coming, they're coming.
00:02:28.960We're all looking forward to it to see when they're coming, but it doesn't seem they exactly are.
00:02:36.940The Department of War this afternoon announced it's considering recalling Democrat Senator Mark Kelly
00:02:41.680for court-martial proceedings after he urged the U.S. military to defy President Trump's orders.
00:02:47.600Now, we've been covering this for the last week on The Great America Show.
00:02:51.700Lisa Slokin, another senator, Senator Mark Kelly, along with some Democrat congressmen,
00:02:56.360put out that statement calling on members of the military and the intel community
00:03:00.600to stop following President Trump's orders and do as they want.
00:03:04.240President Trump, of course, calling this seditious behavior.
00:03:07.100Now, the Department of War has confirmed that they've received these serious allegations
00:03:10.340of misconduct against Captain Mark Kelly.