Harry Litman - A Federal Judge Lowers the Boom on Lindsey Halligan

Lindsey Halligan has had some very bad days since Donald Trump attempted to shoehorn her into the position of United States Attorney for the Eastern District of Virginia with marching orders to bring him the scalps of Jim Comey and Tish James. But yesterday was her worst day, and it points to far worse ones still to come.

The cause of her miserable Monday was a meticulous and blistering memorandum opinion from Magistrate Judge William Fitzpatrick in United States v. Comey. The 24-page decision eviscerated her and the entire prosecution.

Fitzpatrick’s opinion lays out a sequence of investigative, procedural, and constitutional failures so fundamental that they threaten the viability of the indictment itself. The judge details a cascade of basic yet grave errors by a U.S. Attorney and a Department of Justice that have veered miles off the rails.

The catalog is long, and it culminates in a finding that Halligan misinstructed the grand jury on points of law so elementary that any first-year law student in a prosecutorial-tactics class would know to avoid them. That same student, it bears noting, would have had more relevant experience than Halligan, who was plunked into the highest job in the office and then proceeded to appear solo before the grand jury despite having had exactly zero experience as a federal prosecutor.

https://harrylitman.substack.com/p/a-federal-judge-lowers-the-boom-on