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Lawyers for Comey, Letitia James to argue in court that their cases should be dismissed

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Lawyers for Comey, Letitia James to argue in court that their cases should be dismissed

Alexandria, Va. — Attorneys for former FBI Director James Comey and New York Attorney General Letitia James will be arguing in court Thursday that the federal indictments against their clients should be dismissed because Lindsey Halligan’s appointment as interim U.S. attorney in Virginia is unlawful.

The court decided to consolidate the arguments for dismissal soon after James’ arraignment. Both Comey and James have stated that Halligan’s appointment as interim U.S. attorney was invalid and unconstitutional.

She was named to the post days after Erik Siebert resigned as acting U.S. attorney for the Eastern District of Virginia amid pressure from President Trump to bring prosecutions against his political foes. Just before Siebert’s resignation, sources had told CBS News that prosecutors from the district were concerned he could be removed for not prosecuting James.

Halligan, a former Trump defense lawyer who later joined him in his second administration, was tapped as interim U.S. attorney in September after serving as a senior aide to Mr. Trump in the White House. Halligan, who was previously an insurance lawyer, took the helm of the U.S. Attorney’s Office in Alexandria with no prosecutorial experience. Mr. Trump nominated her for U.S. attorney in late September.

Comey was indicted in September on one count of making false statements to Congress and one count of obstruction of justice, related to Senate testimony he gave five years ago. Comey pleaded not guilty to both counts.

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James was indicted last month on one count of bank fraud and one count of making false statements to a financial institution and pleaded not guilty. The Justice Department alleges James bought a house in Norfolk, Virginia, in 2020 with a mortgage that required her to use it as a second home, but instead ultimately rented it to a family and used it as an investment property. The department accuses James of misrepresenting how the house would be used, so she could obtain a lower interest rate. 

Sources told CBS News that Halligan presented evidence to the Comey and James grand juries alone, rather than with the line prosecutors who had worked on the cases. She was also the only attorney in the U.S. Attorney’s Office for the Eastern District of Virginia to sign the indictments. After Halligan became that district’s interim U.S. attorney, several prosecutors left the office or were fired.

Since the indictments, lawyers from U.S. Attorneys’ Offices in North Carolina and Missouri have joined Halligan in working on the cases involving Comey and James, respectively.

Attorney General Pam Bondi has used a federal law governing U.S. attorney vacancies to appoint Halligan and several others around the country as the top federal prosecutors in their respective offices. The law limits the term for an interim U.S. attorney to 120 days, after which the district court in that area can either extend that official’s term or appoint a new U.S. attorney to serve until the vacancy is filled.

In the case of the Eastern District of Virginia, Bondi tapped Siebert as interim U.S. attorney in January and, ahead of the 120-day deadline in May, judges of that region voted to keep Siebert in the post. Siebert had also been nominated for the permanent position. 

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He left the position in September, and though Siebert said he resigned, Mr. Trump wrote on social media, in a Sept. 20 post directed at Bondi, that he had ousted Siebert and praised Halligan as a “really good lawyer.” Halligan was sworn in as interim U.S. attorney days later.

Halligan and the 120-day term for interim U.S. attorneys

At the heart of the argument is the 120-day term for interim U.S. attorneys appointed by the attorney general. Comey’s lawyers said the clock for a temporary U.S. attorney in Virginia has already wound down, and they assert that the law sets a total 120-day time limit that is tied to the attorney general’s initial appointment of an interim U.S. attorney — which would be Bondi’s selection of Siebert in January.

“The period does not start anew once the 120-day period expires or if a substitute interim U.S. Attorney is appointed before the 120-day period expires,” they wrote.

Allowing the attorney general to make back-to-back sequential appointments would effectively allow the president to circumvent Senate confirmation and the district court’s role, Comey’s lawyers wrote in court papers.

Halligan “was defectively appointed to her office as an interim U.S. Attorney,” they said. Arguing that “no properly appointed” official from the executive branch had obtained the indictment against Comey, his lawyers said “the indictment is equally a nullity” and should be dismissed.

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James’ attorney, Abbe Lowell, is seeking a court order that would block Halligan from supervising the prosecution of James’ case and from exercising any other duties as interim U.S. attorney. 

Halligan, he wrote, “had no authority to litigate this case on behalf of the United States.”

“[B]ecause this indictment would not have been sought or obtained absent Ms. Halligan’s unlawful appointment … the indictment’s flaws cannot be brushed aside as harmless error,” Lowell wrote. “This Court must reject the Executive Branch’s brazen attempt to sidestep the constitutional and statutory limitations on the appointment of U.S. Attorneys.”

The Justice Department’s arguments

The Justice Department responded to the motions from Comey and James by arguing that Mr. Trump and Bondi have the authority to appoint an interim U.S. attorney after a previous interim pick has already served the 120-day maximum. 

The department said that even if the judge overseeing the challenges sides with Comey and James, Bondi has retroactively appointed Halligan as special attorney in the Eastern District of Virginia, which would allow her to conduct criminal and civil proceedings in the district.

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The Justice Department submitted to the court an order from Bondi, dated Oct. 31, in which she says she is ratifying Halligan’s actions before the grand juries and her signature on indictments returned by the grand jury in both cases, and appoints her special attorney for the Justice Department as of Sept. 22. 

“Even were Ms. Halligan’s appointment invalid, the motions to dismiss should be denied,” Justice Department attorneys wrote. “While Defendants challenge Ms. Halligan’s appointment as interim U.S. Attorney, the actions they challenge do not hinge on her validly holding that particular office.” The Justice Department also argued that “any government attorney can present a case to a grand jury or sign an indictment.”

“At minimum, any dismissal should be without prejudice to permit the government to seek new indictments now that the Attorney General has cured any arguable flaw in Ms. Halligan’s authority to prosecute,” the Justice Department continued.

They also argued that each appointment to interim U.S. attorney triggers its own 120-day term.

How courts have ruled so far on legality of other temporary U.S. attorney appointments in Trump’s second term

But the Trump administration has run into issues in other courts that have considered the legality of temporary U.S. attorney appointments during Mr. Trump’s second term. In cases involving Alina Habba, the top federal prosecutor in New Jersey, and Sigal Chattah, Nevada’s acting U.S. attorney, two judges each ruled they are serving unlawfully. A federal judge in California also issued a similar ruling for the acting U.S. attorney in the Central District of California, Bill Essayli.

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In the challenge to Habba’s appointment, U.S. District Judge Matthew Brann wrote that under federal law, the attorney general can make appointments of different people to serve as interim U.S. attorneys, “but for an aggregate term of 120 days.”

The Justice Department has appealed the decisions involving Habba and Chattah.

Federal judge from South Carolina to preside over Thursday’s arguments

U.S. District Judge Cameron Currie from South Carolina will preside over Thursday’s arguments. She was brought into the case because all of the federal judges in the Eastern District of Virginia have a conflict of interest in hearing the arguments because of Halligan’s role as head of the prosecutor’s office in the district.

Currie was appointed to the federal bench by President Bill Clinton in 1994.

Earlier this month, Currie said in an order that a transcript she requested from prosecutors from Halligan’s presentation to the grand jury that voted to indict Comey was incomplete, and “fails to include remarks made by the indictment signer both before and after the testimony of the sole witness, which remarks were referenced by the indictment signer during the witness’s testimony.” 

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After the grand jury indictment was returned, a federal magistrate judge expressed confusion and surprise after she received two versions of the indictment.

A majority of the grand jury that reviewed the Comey matter voted not to charge him with one of the three counts presented by prosecutors, according to a form that was signed by the grand jury’s foreperson and filed in court. He was indicted on two other counts — making false statements to Congress and obstructing a congressional proceeding — after 14 of 23 jurors voted in favor of them, the foreperson told the judge. 

But two versions of the indictment were published on the case docket: one with the dropped third count, and one without. The transcript reveals why this occurred. 

“So this has never happened before. I’ve been handed two documents that are in the Mr. Comey case that are inconsistent with one another,” the magistrate judge said to Halligan. “There seems to be a discrepancy. They’re both signed by the (grand jury) foreperson.” 

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Tornadoes hit Illinois, Indiana and Texas as severe storms sweep US

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Tornadoes hit Illinois, Indiana and Texas as severe storms sweep US

A series of tornadoes hit parts of Texas, Illinois, and Indiana late Tuesday and overnight, as forecasters warn that the threat of severe weather, including flooding, will continue on Wednesday for tens of millions of people from Texas to Michigan.

At least four tornado touchdowns were reported in eastern Illinois, the National Weather Service (NWS) said, leaving a trail of damage stretching into Indiana, where at least two people were killed.

Video of a separate tornado in Taylor county, central Texas, on Tuesday was posted to weather.com. Officials there reported 60mph wind gusts and “baseball-sized” hail.

A search continued on Wednesday for possible victims of a supercell of storms that followed a path from Kankakee county, Illinois, into Indiana late on Tuesday. Rob Churchill, chief of the Lake Township fire department in Indiana, said in a video on Facebook that the small town of Lake Village had taken “a direct hit”.

“We have multiple homes destroyed, please stay away from the area,” he said.

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Fire department officials said at an early morning Wednesday press conference that there were two fatalities, WTHR News, an NBC affiliate, reported. Details were not immediately available.

Shannon Cothran, sheriff of Newton county in Indiana, said in a separate Facebook video that the immediate threat of dangerous weather had passed, but first responders were faced with challenging circumstances as they dealt with the storm’s aftermath.

“[There’s] a lot of damage. Please do not come here. Do not try to help right now. We’ve got a lot of first responders out here doing their job, just give us some room,” he said.

The tornadoes in parts of Illinois and Indiana downed trees and power lines in an area south of Chicago, and overwhelmed 911 operators, officials said. The Kankakee county sheriff’s office said one tornado touched down near the Kankakee fairgrounds before moving north-east into Aroma park, where it caused extensive damage.

JB Pritzker, the Democratic Illinois governor, said in a post on X early Wednesday that he was briefed on the storm and tornado damage and that the state’s emergency management agency was in contact with local officials.

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“Keeping in our thoughts all Illinoisans impacted by the severe weather – we’ll be here to help them recover,” he said.

Severe storms dumping rain and hail in parts of the midwest were threatening to bring intense tornadoes, damaging winds and very large hail from the southern plains to the southern Great Lakes, according to the NWS. States from Oklahoma to Michigan were under tornado watches.

Andrew Lyons, a meteorologist with the weather service’s storm prediction center, told the Associated Press that the exact number of tornado touchdowns would not be known until after officials conducted damage assessments.

He described it as a fairly typical early spring strong storm system that was expected to continue to move east and northeast towards the Atlantic coast on Wednesday, likely bringing more severe weather, he said.

Brandon Buckingham, an AccuWeather meteorologist, said at least 10 tornadoes were spotted in Illinois, Indiana and Texas.

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“There were nearly 200 filtered reports of severe weather spanning more than 2,500 miles from Texas to Michigan,” he said in a post on the weather service’s website.

The forecaster said the chain of storms would peak midweek and “could become the most widespread and impactful severe weather outbreak so far this year”.

The severe weather could reach Washington DC by Wednesday afternoon, CBS News reported, bringing new threats of damaging winds and tornadoes. A line of storms was forecast to sweep east and move into Ohio and Tennessee, including the cities of Cincinnati, Memphis and Nashville, it said.

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Wheelchair curler Steve Emt’s path from drunk driver to three-time Paralympian

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Wheelchair curler Steve Emt’s path from drunk driver to three-time Paralympian

American Steve Emt competes in Sunday’s mixed doubles match against Italy, which the U.S. won.

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Anyone watching the Winter Paralympics has probably taken note of Steve Emt, who — along with Laura Dwyer — is representing Team USA in the Games’ first-ever mixed doubles event.

Their performance is one thing: The pair notched three dramatic, back-to-back wins in the round-robin tournament to reach the semifinals, marking the first time the U.S. has qualified for a medal round in wheelchair curling since the 2010 Paralympics.

After losing to Korea in the semifinals, Emt and Dwyer will face Latvia in the bronze medal match on Tuesday, in the hopes of winning the U.S. its first Paralympic medal in wheelchair curling.

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But it’s their teamwork and attitude on ice that really set them apart. Emt, in particular, has charmed the internet, with his booming baritone delivering a steady stream of encouragement to his doubles partner and demands to the granite stones they’re sliding (“curl!” “sit!”).

“I have three older siblings. I was always on the basketball court getting beat up by them, so I had to assert myself on the court, around the kitchen table, everything,” he said when asked about his deep voice this week.

Steve Emt and Laura Dwyer celebrate during a match this week.

Steve Emt and Laura Dwyer have made sure to celebrate their wins, of which there have been many throughout this wheelchair curling mixed doubles round-robin tournament.

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While Emt, 56, is competing in a new event, he’s no stranger to the sport: The 10-time national champion and three-time Paralympian is the most decorated Paralympic curler in U.S. history.

But he didn’t know what curling was until he got recruited off the street just over a decade ago.

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Emt, who is 6 feet, 5 inches tall, was enjoying a day in Cape Cod, Mass., in 2013 when a stranger with slicked-back hair approached and asked if he was local. Emt replied that he lived in Connecticut and suspiciously asked why.

“He said, ‘Well, I train with the Paralympic rowing team here in the Cape. I saw you pushing up the hill back there. With your build, I could make you an Olympian in a year,’” Emt recalled, referring to his wheelchair. “And I heard ‘Olympics,’ I’m like: Let’s go. What the hell is curling?”

After their conversation, Emt drove home and did some research, confirming that curling was not related to weightlifting, as he originally suspected.

“I went back two weeks later and I threw my first stone, and it just bit me,” he said.

Before long, Emt was making the two-and-a-half-hour drive to Massachusetts to spend the weekend training with that stranger-turned-coach, Tony Colacchio. He made the U.S. wheelchair curling team in 2014 and competed at his first world championship in 2015. Emt made his Paralympic debut in Pyeongchang in 2018, five years after that fateful encounter.

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Emt, speaking to reporters in October, said the sport of curling has changed him as a person, mellowing him out. But the existence of the sport as a competitive outlet for athletes with disabilities changed his life.

Emt had been an all-star high school athlete, an Army West Point cadet and a UConn basketball walk-on before a drunk driving incident paralyzed him from the waist down at 25 years old.

“I’m a jock … I need to compete, and I didn’t have anything going on in my life,” Emt said. “Seventeen years after my crash, I had a hole, and then [Colacchio] came along and stalked me into the sport.”

By that point, Emt had spent years working as a middle school math teacher, a high school basketball coach and a motivational speaker. The latter has been his full-time job for almost a decade, taking him to over 100 schools across the country each year. He tells those teenagers about the chance Colacchio took on him, encouraging them to “be a Tony.”

“Go sit with that kid at lunch that’s sitting alone … smile [at] somebody in a hallway, get your heads out of your phones, get your heads out of the sand,” he continued. “We’re all going through something … and a simple ‘hello’ or ‘good morning,’ it could change their day. It could change somebody’s life.”

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Why Emt now shares his story 

This is the third Paralympics for Emt, who is already eyeing Salt Lake City 20

This is the third Paralympics for Emt, who is already eyeing Salt Lake City 2034.

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Emt wasn’t always so willing to open up. For the first half a year after his 1995 crash, he told everyone a deer had run in front of his car rather than admit he had gotten behind the wheel drunk.

“I was lying to myself, I was lying to everybody around me,” he said. “I didn’t want kids to look at me in my hometown, in the state, and everyone around the country, as a drunk driver. I wanted them to look at me as a stud athlete and a great person.”

Emt had been a “stud athlete”: His talents in high school basketball, soccer and baseball made him a star in his hometown of Hebron, Conn., and earned him a spot on the basketball team at West Point.

But he dropped out two years later, after his father’s sudden death from a heart attack. He went home to Connecticut and eventually enrolled at UConn, where he walked on to its storied basketball team, joining future NBA greats like Donyell Marshall. Emt says, with a chuckle, that he had 38.7 seconds of playing time in his two years.

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Emt was wearing his Big East championship jacket the night of his 1995 accident, which he says left him for dead on the side of the highway. When he woke up from a coma a few days later, he learned he would never walk again.

And he didn’t want to tell people why, until a newspaper reporter approached him six months later wanting to tell his story — and encouraged him to be honest. He said the opportunity to “come clean” helped him accept what he’d done and forgive himself.

“That’s my label: Yeah I’m a curler, yeah I’m a speaker, yeah I’m a drunk driver,” he said. “I’m in a wheelchair because of a drunk driving crash, and I want you to know it and I want you to learn from me.”

Emt first got into motivational speaking about eight months after his accident, and has been doing it ever since. He calls it his therapy.

He says that and curling — which is about shaking hands with competitors instead of smack-talking them — has helped him slow down and appreciate the little things. Relocating to Wisconsin and the chiller pace of Midwest life has also helped. And he says he cherishes the platform that curling has given him.

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“I want people to know: ‘Hey, when you’re ready to talk, I’m here for you.’ This is what I do, from my speaking to my curling, whatever it is, there are so many opportunities to be successful again,” he said. “When you wake up and you’re told you’re never going to walk again, it’s like, what do I do now? … And I just want people to know that there are so many avenues out there, so many things to do.”

Emt, the oldest Paralympian on Team USA, originally aimed to make it to three Games. But he’s now eyeing even more, as he’d like to compete on home turf in Salt Lake City in 2034 (two Games away).

“I’m going to be like 90 years old competing at the Paralympics,” he laughed.

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Map: 2.3-Magnitude Earthquake Reported North of New York City

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Map: 2.3-Magnitude Earthquake Reported North of New York City

Note: Map shows the area with a shake intensity of 3 or greater, which U.S.G.S. defines as “weak,” though the earthquake may be felt outside the areas shown.  All times on the map are Eastern. The New York Times

A minor, 2.3-magnitude earthquake struck about 12 miles north of New York City on Tuesday, according to the United States Geological Survey.

The temblor happened at 10:17 a.m. Eastern in Sleepy Hollow, N.Y., data from the agency shows.

The Westchester County emergency services department said in a statement that it had not received any reports of damage.

As seismologists review available data, they may revise the earthquake’s reported magnitude. Additional information collected about the earthquake may also prompt U.S.G.S. scientists to update the shake-severity map.

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Source: United States Geological Survey | Notes: Shaking categories are based on the Modified Mercalli Intensity scale. When aftershock data is available, the corresponding maps and charts include earthquakes within 100 miles and seven days of the initial quake. All times above are Eastern. Shake data is as of Tuesday, March 10 at 10:30 a.m. Eastern. Aftershocks data is as of Tuesday, March 10 at 2:18 p.m. Eastern.

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