Comey and James Indictments Dismissed, New Ukraine Peace Plan, Pressure On Venezuela

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What legal issues led to the dismissal of Comey and James' indictments?

Michelle Martin 0:02
A federal judge dismissed the indictments President Trump ordered up against two people he didn't like. The judge found the prosecutor was improperly appointed. What does the ruling mean for Trump's campaign of retribution against his critics?
Steve Inskeep 0:13
I'm Michelle Martin with Steve Inskeep, and this is Up First from NPR News. Europeans have offered their own proposal to end the war in Ukraine. Ukrainian President Zelensky said it's a plan that his country could work with. How is it different from President Trump's 28-point proposal?
Michelle Martin 0:31
Also, the Trump administration named Venezuela's president the leader of a terror group. One analyst sees a pretext for a possible attack.
Franco Ordonez 0:39
We're definitely closer to military intervention.

What does the ruling mean for Trump's campaign against his critics?

Michelle Martin 0:43
How far has an anti-drug campaign evolved toward something else? Stay with us. We've got the news you need to start your day.
Carrie Johnson 0:56
This message comes from WISE, the app for international people using money around the globe. You can send, spend, and receive in up to 40 currencies with only a few simple taps. Be smart. Get WISE. Download the WISE app today or visit wise.com. T's and C's apply.
Steve Inskeep 1:14
President Trump's bid to prosecute his critics ran afoul of the law. A judge threw out the criminal case against former FBI Director James Comey.

How does the new European peace proposal for Ukraine differ from Trump's plan?

Steve Inskeep 1:22
She did the same for the indictment of Letitia James, the attorney general of New York State. Both had been indicted by a lawyer who was willing to follow Trump's demand to pursue criminal charges after other prosecutors found no reason for a case. The judge found the lawyer was improperly appointed.
Michelle Martin 1:37
NPR's Carrie Johnson has been following this story. Carrie, good morning. Good morning, Steve. Okay, why was the prosecutor not legitimately in that job?
Carrie Johnson 1:45
The judge found the process was invalid, that if the Trump administration wanted to pick a U.S. attorney, it had to go through the right steps. Typically, that would be nomination and confirmation by the Senate. This woman, Lindsay Halligan, has no prior experience as a prosecutor, but she was installed as U.S. Attorney for the Eastern District of Virginia, that's one of the most important offices in the country, on orders from President Trump. And she got the job only after the White House forced out a career prosecutor. He expressed doubts about bringing criminal charges against the former FBI Director Jim Comey and New York Attorney General Tish James. both prominent critics of the president who played a role in investigating him.
Michelle Martin 2:29
Okay, so this isn't really a technicality. It's about the limits of executive power and when does the president have to check in with the Senate. In this case, he should have and didn't, according to the judge. But what are the real-world consequences for the cases?
Carrie Johnson 2:41
They're pretty serious. This judge, Cameron Curry, wrote, All actions flowing from Lindsay Halligan's defective appointment are unlawful exercises of executive power. They must be set aside. Halligan was, of course, the only prosecutor in the grand jury room for the indictments of Jim Comey and Tish James. She's the only one who signed those indictments. So now both of those cases are dismissed. Okay. The Justice Department does have the right to appeal. The White House Press Secretary Caroline Leavitt says this is a technical ruling in their view. An appeal will be coming soon. And she says the prosecutor was legally appointed and is extremely qualified. But there's a catch here. The statute of limitations in the Comey case expired at the end of September.
Carrie Johnson 3:28
And Judge Curry has raised some doubt about whether the DOJ can swing that door back open again.

What are the implications of the U.S. designating Maduro as a terrorist leader?

Michelle Martin 3:34
Letitia James and Jim Comey have got to be pleased about this.
Carrie Johnson 3:38
They are, I think. Jim Comey actually released a video saying the case against him was based on malevolence and incompetence. He also praised the Justice Department lawyers who lost their jobs for refusing to indict him.
Unknown 3:52
The message has to be sent that the President of the United States cannot use the Department of Justice to target his political enemies. I don't care what your politics are. You have to see that as fundamentally un-American and a threat to the rule of law that keeps all of us free.

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