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A federal judge has dismissed the Trump administration’s indictment of New York Attorney General Letitia James on alleged mortgage fraud, stating the prosecutor in the case was unlawfully appointed.

The Hill reports US District Judge Cameron Currie, a Clinton administration appointee, ruled that Lindsey Halligan, the US attorney named by Trump on Sept. 22 to prosecute James, was ineligible to assume the position because the 120-day period for interim appointments expired during the tenure of Erik Siebert, who was named interim US attorney for the Eastern District of Virginia on Jan. 21. That period lapsed on May 21, but the district judges at the time unanimously voted to retain him until he received Senate confirmation. However, Siebert was not confirmed and he resigned under pressure from Trump after complaining there was insufficient evidence to prosecute James.

The judge ruled the authority to appoint a replacement for Siebert now belonged to the district’s federal judges and not Attorney General Pam Bondi. The indictment of James was dismissed without prejudice, meaning the Department of Justice could attempt to resurrect the charges with another prosecutor.

The case against James stemmed from a criminal referral made by Bill Pulte, the director of the Federal Housing Finance Agency, who alleged James falsely claimed a property she acquired in Virginia was her primary residence. The Department of Justice brought a two-count indictment against her, charging her with bank fraud and making false statements to a financial institution. James denied the charges and said the case stemmed from political retribution by Trump against her prosecution of him and The Trump Organization for alleged valuation fraud of their properties.

Another indictment brought by Halligan involving former FBI Director James Comey was also dismissed because Halligan was deemed ineligible to prosecute the case.