A federal judge has dismissed the criminal cases against former FBI Director James Comey and New York Attorney General Letitia James on Monday, citing that the prosecutor handling the cases was unlawfully appointed. Judge Cameron McGowan Currie determined that Lindsey Halligan, who was named the interim U.S. attorney for the eastern district of Virginia by former President Donald Trump in September, lacked the lawful authority to present the indictment against both Comey and James.
In her opinion, Judge Currie stated, “I conclude that the attorney general’s attempt to install Ms. Halligan as Interim U.S. attorney for the eastern district of Virginia was invalid and that Ms. Halligan has been unlawfully serving in that role since September 22, 2025.” Currie, who was appointed to the bench by Bill Clinton, emphasized that “all actions flowing from Ms. Halligan’s defective appointment” were “unlawful exercises of executive power and must be set aside.”
This decision marks a significant victory for both Comey, who had faced charges of lying to Congress five years ago, and James, who was accused of mortgage fraud. Both individuals have consistently denied any wrongdoing, asserting that the charges were politically motivated attempts by the Trump administration to retaliate against them for opposing Trump’s policies. “I am heartened by today’s victory and grateful for the prayers and support I have received from around the country,” James remarked in a statement. “I remain fearless in the face of these baseless charges as I continue fighting for New Yorkers every single day.”
Under federal law, U.S. attorneys must be confirmed by the Senate. The law permits the attorney general to appoint someone to serve on an acting basis for a maximum of 120 days while a nomination is pending. After this period, judges in the district court where the prosecutor operates are authorized to appoint a permanent top prosecutor. Halligan’s predecessor, Erik Siebert, was appointed on an interim basis in January. However, in May, following the expiration of the 120-day period, the judges in the eastern district of Virginia chose to extend Siebert's appointment.
In September, Siebert was reportedly removed from his position as it was determined there was insufficient evidence to charge James with any crime. Subsequently, Trump appointed Halligan, a White House aide lacking prosecutorial experience, and within days, Comey was indicted on charges of lying to Congress. Halligan then pursued allegations of mortgage fraud against James shortly thereafter. The Trump administration contended that the attorney general could simply appoint someone new every 120 days; however, Judge Currie refuted this claim, stating that it would allow for indefinite interim appointments, which the law does not support.
Judge Currie dismissed both cases “without prejudice,” indicating that the government could potentially refile the charges under a properly appointed U.S. attorney. However, it remains uncertain whether they could pursue charges against Comey, as the statute of limitations for his alleged crime expired on September 30, 2025. Halligan had personally presented both cases to the grand jury and has faced scrutiny regarding her procedural conduct in the indictment processes.
In light of the ruling, Abbe Lowell, a lawyer for Letitia James, stated, “The court’s order acknowledges what’s been clear about this case from the beginning. The president went to extreme measures to substitute one of his allies to bring these baseless charges after career prosecutors refused.” He emphasized that the case was politically motivated, asserting, “This case was not about justice or the law; it was about targeting Attorney General James for what she stood for and who she challenged. We will continue to challenge any further politically motivated charges through every lawful means available.”