The Florida Bar, the state’s legal professional regulator, has retracted a statement indicating there was an investigation into former U.S. attorney Lindsey Harrigan under President Donald Trump.
On Friday, bar association spokeswoman Jennifer Krell Davis issued a statement to US media, denying any investigation.
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The report was revealed in February during an exchange between lawyers and the government watchdog group Accountability Movement.
The organization had accused Harrigan of violating standards of professional conduct.
A letter from the Florida Bar acknowledged that the bar had been “monitoring” concerns about Harrigan’s work in the Trump administration. “An investigation is already underway,” the February letter said.
But in a statement Friday, the lawyers withdrew the letter and denied its accuracy. “The Florida Bar sent a letter to the plaintiffs incorrectly stating that the court’s investigation was pending,” Davis said.
The Accountability Movement filed a complaint against Harrigan, whose brief tenure as top attorney in the Eastern District of Virginia was controversial.
A short but turbulent tenure
Harrigan, a former insurance lawyer with no experience as a prosecutor, was appointed interim U.S. attorney in September. She soon came under intense scrutiny for her use of prosecutorial powers.
President Trump had fired his predecessor, Eric Siebert, for refusing to respond to demands for indictment from his critics.
But on September 20, President Trump posted a message on social media suggesting that Harrigan would be more compliant.
It also identified several critics that Trump wants to prosecute. Among them were New York Attorney General Letitia James, U.S. Sen. Adam Schiff, and former FBI Director James Comey.
President Trump wrote online: “Nothing is being done. What’s going on with Comey, Adam Shifty Schiff, and Letizia??? They’re all guilty to the core, but nothing is going to be done.”
“We cannot delay it any longer. This will damage our reputation and credibility.”
Five days later, Harrigan filed the first of three criminal charges against Trump critics.
Comey was indicted on September 25 on charges of making false statements before Congress and obstructing an official proceeding. Then, on October 9, James was indicted on charges of bank fraud and making false statements.
Finally, on October 16, Harrigan filed a third indictment against President Trump’s former National Security Adviser John Bolton, accusing him of mishandling classified information.
All three defendants have publicly criticized Trump and characterized the charges as politically motivated. They each pleaded not guilty.
Critics charged that Harrigan’s prosecution was a sign that Trump was eroding the Justice Department’s independence and wielding its power for personal purposes. Mr. Harrigan worked for Mr. Trump in a private capacity before joining the administration.
Mr Halligan faced further scrutiny regarding his handling of criminal cases and the legality of his appointment.
For example, in November, a magistrate judge ruled that there were “reasonable grounds” to believe there was “willful or reckless disregard of the law” in Comey’s case, including the mishandling of evidence.
Later that month, another judge ruled that Mr. Harrigan was illegally appointed and dismissed both Mr. Comey’s and Mr. James’ cases.
Typically, U.S. attorneys must be confirmed by the Senate. However, the temporary attorney’s term is only 120 days.
The judge ruled that her appointment was illegal because, while Harrigan’s predecessor was granted an extension, Harrigan herself was not granted an extension.
But Harrigan insisted he had the right to remain as a U.S. attorney. Faced with pressure, she finally resigned on January 20th.
Harrigan receives Republican support
Reports of the now-dismissed investigation into Harrigan’s conduct stemmed from complaints filed regarding her work as a U.S. attorney.
In November, the Accountability Movement filed complaints in both Virginia and Florida courts, citing the fact that Harrigan was also admitted to practice law in Florida.
In a statement, the group slammed the “insufficient evidence” to justify the charges against James and Comey. He also criticized Harrigan for allegedly trying to influence media coverage of his case.
“It is difficult to overstate the damage caused by Ms. Harrigan’s actions,” wrote Michelle Kuppersmith, the group’s executive director.
“In addition to unfairly and retaliatoryly inflicting direct personal harm on Mr. Comey and Mr. James, she has single-handedly and perhaps irreparably undermined the public’s confidence in the impartiality of the Department of Justice.”
After a Florida court this week denied the existence of an investigation into Harrigan, the accountability movement issued a new statement questioning the reversal.
“It is difficult to reconcile this latest statement with the attorney’s previous letter stating that an investigation is pending,” Kuppersmith said.
“If there is no investigation into Harrigan, the question becomes why not, given that three judges have found that she has engaged in conduct that appears to violate ethics rules.”
But Republican lawmakers praised the bar association’s reversal as a kind of vindication.
Florida Attorney General James Usmayer warned that he would counter any “baseless and partisan attacks” against Harrigan. In response to this turnaround, he posted on SNS, saying, “Good!”
Meanwhile, U.S. Attorney General Pam Bondi used the opportunity to praise Harrigan.
“The Florida Bar’s ‘investigation’ into Lindsey Harrigan is completely fake news,” she wrote. “Not only did Lindsey do nothing wrong, she did an amazing job!”
Asked for his reaction to the recent upset, Harrigan responded defiantly.
“Where’s my apology?” she reportedly asked The Associated Press.
