Federal Prosecutor Dismissed for Refusal in Comey Case

A high-ranking federal prosecutor based in Virginia's Eastern District has been removed from his position following his decision not to lead the prosecution of James Comey, the former head of the FBI, according to information obtained by CBS News from a source familiar with the situation.

Robert McBride, who previously had a long tenure as a federal prosecutor in the Eastern District of Kentucky, had a short stint in his recent role as the first assistant U.S. Attorney, a position he assumed in the fall after leaving private practice and a background with the U.S. Navy Judge Advocate General's Corps.

The Eastern District of Virginia's U.S. Attorney's Office has refrained from commenting on the firing, which was initially brought to light by CBS News.

Comey was indicted with allegations of giving false testimony to Congress back in September 2020, actions considered prosecutable by those within President Trump's circle, as Trump has viewed Comey as a political adversary.

The charges were filed single-handedly by Lindsey Halligan, who was strategically appointed by Trump to act as the interim U.S. Attorney. Her appointment came after her predecessor decided against pursuing charges due to insufficient evidence against Comey and New York Attorney General Letitia James.

Sources have indicated that Halligan was able to procure these indictments independently, without backing from the more seasoned prosecutors in the department, who opted out due to the perceived lack of substantiated evidence.

Legal Challenges to Halligan's Appointment

A federal judge ruled against the charges last November, asserting that Halligan's appointment had not been conducted lawfully. This decision has led to struggles within the Justice Department to pursue new charges against Letitia James, resulting in two unsuccessful attempts.

The legal entanglements surrounding the accusations against Comey have been compounded by the expiration of the relevant statute of limitations shortly after his indictment.