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November 25, 2025 4 mins
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The Department of Justice just botched it—again. A federal judge has tossed the criminal cases against James Comey and Letitia “Tish” James, not because they were innocent angels, but because the Trump team blew the basic rules on how to appoint the prosecutor handling the case.
In this episode, we break down:
 • Why the judge ruled the charges had to be dismissed
 • How Lindsay Halligan’s appointment as interim U.S. Attorney violated the 120-day window
 • Why she had zero prosecutorial experience and never should’ve been in that role
 • How a seasoned conservative prosecutor, Siebert, refused to bring the cases and walked away
 • Why lawfare backfires when you ignore the rules and hire for loyalty over competence
I’m no fan of Comey or Tish James—but this never should’ve been fumbled like this.
Mark as Played
Transcript

Episode Transcript

Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:00):
The Watchdog on Wall Street podcast explaining the news coming
out of the complex worlds of finance, economics, and politics
and the impact it we'll have on everyday Americans. Author,
investment banker, consumer advocate, analyst, and trader Chris Markowski.

Speaker 2 (00:16):
The Department of Justice fumbles again. Yeah, I was thinking
about it. I said it was some of the worst
fumbles of all time NFL or Spiner Roger Craig, which
helped my giants out back in nineteen ninety. But anyway,
not neither here nor there. A federal judge dismissed the

(00:40):
criminal charges against both James call me and t James. Okay,
they talk about a fumble. This has to do with
the prosecutor that Donald Trump chose to bring these cases,

(01:06):
the fact that she was unlawfully appointed. Again, this is
a big setback, big setback for the Department of Justice.
And again I get it. Trump called on Pam Bondi

(01:26):
to prosecute several of his critics, including Comy and James,
and again law fair involved here without a doubt. Again,
I am not fans of Comy nor James, but their
attorneys contested that Lindsey Halligan, Lindsay Halligan the appointment as
the interm US attorney in Eastern Virginia was problematic. Now,

(01:50):
first and foremost, I don't quite frankly understand the thinking.
I know, Trump's big with people who are loyal to him,
and Lindsay Halligan stayed on and helped clean up some
messes back when Biden was president and some of the

(02:10):
things that were happening at mar A Lago, but she
never prosecuted a case in her life. You can look
at her CV here. I mean, she may have stayed
at a holiday and express last night, but she had
no business, no business being the US attorney for Eastern

(02:33):
Virginia anyway. Anyway, the judge in this case, again a
Bill Clinton appointee normally sits in South Carolina, agreed with
arguments from Comy and James that the administration had unlawfully
bypassed the customary confirmation process by installing Halligan. Rejected Bondi's

(03:01):
ratification of the two indictments weeks after they were filed. Again,
I'm looking at the legal ease in this as best
I possibly can, and this should have never happened. That
they should have known that this was going to be
a problem. There's like you have one hundred and twenty

(03:24):
days to put a window to put somebody in. You
have one hundred and twenty day period which you can
have someone serve as an interim us attorney. Once that
period expires, the judges in the district have the exclusive
authority to decide who holds a position. Now in Virginia,

(03:45):
Trump already burned through that one hundred and twenty day
window with his previous pick. This person what was his name, Siebert?
He was a well regarded conservative prosecutor who remained in
the role with the unanimous backing of the strict judges.
He left why he didn't want to prosecute these cases.

(04:06):
He'd want to do it. He didn't think that there
was enough there. He left because he was being pressured
to do so. Was replaced by Halligan, even though though
that they weren't allowed to do that again. So the rules,
you know what the rules were ahead of time. Don't

(04:26):
fumble the ball. Watchdog on Wall Street dot Com
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