Federal Judge Tosses Indictments Against James Comey and Letitia James Over ‘Invalid Appointment’

Washington, D.C. – A federal judge on Monday dismissed the criminal cases against former FBI Director James Comey and New York Attorney General Letitia James, ruling that the U.S. attorney who brought the indictments was improperly appointed.

U.S. District Judge Cameron McGowan Currie ruled that Interim U.S. Attorney Lindsey Halligan’s appointment was unconstitutional, calling her actions “unlawful” and “ineffective.” The judge dismissed the charges without prejudice, leaving open the possibility that the cases could be refiled by a properly appointed U.S. attorney.

"Because Ms. Halligan had no lawful authority to present the indictment, I will grant Mr. Comey’s motion and dismiss the indictment without prejudice," Judge Currie wrote in her decision.

Halligan, a Trump appointee with no prior prosecutorial experience, pursued the indictments following a social media post from former President Trump calling on Attorney General Pam Bondi to prosecute Comey, James, and Rep. Adam Schiff. Career prosecutors had resisted bringing the cases, but Halligan moved forward after Trump forced out the previous interim U.S. Attorney Erik Siebert.

White House Response:
Following the ruling, White House Press Secretary Karoline Leavitt said the Justice Department intends to appeal the decision quickly, stating, “It is our position that Lindsey Halligan is extremely qualified for this position, but more importantly, was legally appointed to it.”

Background on the Cases:
Comey had pleaded not guilty in October to charges of false statements and obstruction of a congressional proceeding, linked to his 2020 testimony before the Senate Judiciary Committee. Critics labeled the indictments part of Trump’s alleged campaign to target political opponents.

James, known for her high-profile civil fraud case against Trump, faced charges of mortgage fraud related to a home she purchased in 2020. Prosecutors alleged she misrepresented the property as a second home instead of an investment to obtain a lower mortgage rate. James, however, said the property was for her great-niece and her children, who lived there rent-free.

In statements following the ruling, both officials expressed relief and defiance. James said, “I remain fearless in the face of these baseless charges as I continue fighting for New Yorkers every single day.” Comey wrote, “This case mattered to me personally, obviously, but it matters most because a message has to be sent that the President of the United States cannot use the Department of Justice to target his political enemies.”

Legal Context:
Under federal law, an interim U.S. attorney can serve 120 days before appointment power shifts to federal judges. Judge Currie found that after this period expired, Halligan’s appointment was invalid. She noted that allowing otherwise could permit any private citizen to secure indictments with retroactive approval, a move she deemed unlawful.

The statute of limitations may prevent Comey’s case from being refiled, while James’ case could still move forward if the Department of Justice chooses to pursue it. The decision now places authority over the Eastern District of Virginia’s U.S. Attorney’s Office in the hands of local judges until a permanent appointment is confirmed by the Senate.

The ruling is a major victory for Comey and James, highlighting judicial checks on politically motivated prosecutions and raising questions about the use of interim appointments in politically sensitive cases.