Judge dismisses Comey, James indictments

A senior Justice Department prosecutor in the Eastern District of Virginia has been fired over his unwillingness to take on the prosecution of former FBI Director James Comey, sources familiar with the matter told ABC News.

Robert McBride, an experienced prosecutor, was recently brought to the office from Kentucky to serve as the top deputy to U.S. Attorney Lindsey Halligan.

Halligan's role as the top prosecutor in the Eastern District of Virginia has been disputed after the case against Comey was dismissed last November.

Federal Judge Cameron McGowan Currie ruled that Halligan's appointment was defective and in violation of the Constitution's appointments clause.

The Justice Department is appealing that ruling.

McBride declined to comment on the dismissal when contacted by ABC News.

The case against Comey has floundered, with the statute of limitations for the original charges having lapsed.

Justice Department officials declined to comment when contacted by ABC News. (ABC News)

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