Clinton Judge Dismisses Federal Indictments Against Comey and James

Declassified with Julie Kelly ^ | 24 Nov, 2025 | Julie Kelly

[Coronal]

It’s about doing things the right way from the start.

Here’s the text of that statute:

“(a) Except as provided in subsection (b), the Attorney General may appoint a United States attorney for the district in which the office of United States attorney is vacant.

(b) The Attorney General shall not appoint as United States attorney a person to whose appointment by the President to that office the Senate refused to give advice and consent.

(c) A person appointed as United States attorney under this section may serve until the earlier of—

(1) the qualification of a United States attorney for such district appointed by the President under section 541 of this title; or

(2) the expiration of 120 days after appointment by the Attorney General under this section.

(d) If an appointment expires under subsection (c)(2), the district court for such district may appoint a United States attorney to serve until the vacancy is filled. The order of appointment by the court shall be filed with the clerk of the court.

What was misrepresented/misinterpreted?

If this had gone forward and Comey were convicted, he’d have a slam-dunk appeal. Better to catch it now, don’t you think?

[Tucsonican]

It’s about doing things the right way from the start. Here’s the text of that statute: “(a) Except as provided in subsection (b), the Attorney General may appoint a United States attorney for the district in which the office of United States attorney is vacant. (b) The Attorney General shall not appoint as United States attorney a person to whose appointment by the President to that office the Senate refused to give advice and consent. (c) A person appointed as United States attorney under this section may serve until the earlier of— (1) the qualification of a United States attorney for such district appointed by the President under section 541 of this title; or (2) the expiration of 120 days after appointment by the Attorney General under this section. (d) If an appointment expires under subsection (c)(2), the district court for such district may appoint a United States attorney to serve until the vacancy is filled. The order of appointment by the court shall be filed with the clerk of the court. What was misrepresented/misinterpreted?

Section a clearly states that the AG (Executive Branch) has appointment power. That is the bases upon which all the rest of the statute hangs.

Section b clarifies the one caveat imposed on the Executive with regard to appointments.

Section c places limits on how long a temporary appointment can last. It DOES NOT say that there can't be a subsequent temporary appointment or even that the same person can't be reappointed.

Section d allows the Article III branch to appoint someone to that position (subsequent to the 120 day expiration) if the Article II branch does not. It DOES NOT say that the Article II branch forfeits their appointment authority if the 120 day period runs. It really CAN'T say that because Section 2 of Article II of the Constitution vests appointment authority in the Executive branch. There is no appointment power granted to the Article III branch by the Constitution.

By claiming that the Judicial branch, and ONLY the judicial branch, has authority to appoint someone once the 120 day rule has run would run completely contrary to one of the most fundamental principles of our Constitutional construction.