Pallone Files Brief Challenging Trump’s Weaponization of DOJ in Comey Case

WASHINGTON, D.C. – Congressman Frank Pallone, Jr. (NJ-06) today announced that he has joined a new amicus brief for United States v. Comey on behalf of former Director of the FBI, James Comey. The brief pushes back against Trump’s gross weaponization of the Department of Justice and urges the U.S. District Court for the Eastern District of Virginia to reject the administration’s unlawful attempt to install Lindsey Halligan as interim U.S. Attorney.

The brief, filed alongside several of Pallone’s House colleagues, argues that the Administration’s maneuvering to install Halligan violates the Preserving United States Attorney Independence Act of 2007 – legislation Pallone helped pass to ensure checks and balances in the appointment process. That law requires Senate confirmation of U.S. Attorneys within 120 days and once that threshold is met, allows federal judges to appoint an interim replacement. The Trump Administration ignored that law when it installed Halligan long after the interim window expired.

“This is yet another example of the gross weaponization of the Justice Department under Donald Trump. Congress wrote this law to prevent exactly this kind of political manipulation and targeting by the Department of Justice,” Pallone said. “The Trump Administration’s flagrant disregard for the rule of law and democratic procedure in these cases is abundantly clear. His lackies cannot ignore the Constitution or sidestep Congress and the law just to illegally target public figures the President has a personal grudge against. This is about protecting the integrity of our justice system and making sure justice is served by U.S. Attorneys who are appointed lawfully, not hand-picked to do the President’s bidding.”

In recent weeks, the Trump Administration has engaged in a campaign of retribution over public figures the president has long obsessed over like James Comey, John Bolton, New York AG Letitia James, and Senator Adam Schiff. Trump has blatantly and publicly signaled he wants to use the U.S. justice system as a way to settle scores against his perceived enemies. 

Trump’s appoint of Halligan mirrors actions his Department of Justice has taken in other jurisdictions to undermine the rule of law by illegally filling U.S. Attorney roles with unqualified loyalists, like Alina Habba in New Jersey. Pallone has joined other amicus briefs relating to Habba’s case and that of Bilal Essayli, who was illegally named interim U.S. Attorney for the Central District of California.   

In addition to Pallone, the brief is joined by Reps. Stephen Lynch (D-MA) and Nydia Velázquez (D-NY), and former Reps. Barbara Comstock (R-VA), Mickey Edwards (R-OK), Wayne Gilchrest (R-MD), Jim Greenwood (R-PA), Tom Petri (R-WI), and David Trott (R-MI) who all supported the 2007 law.

Read the brief here.