A federal judge has dismissed criminal cases against former FBI Director James Comey and New York Attorney General Letitia James, ruling that the prosecutor who brought the charges at the request of President Donald Trump was unlawfully appointed.
U.S. District Judge Cameron McGowan Currie found that Lindsey Halligan — a former White House aide installed as interim U.S. attorney for the Eastern District of Virginia — was appointed in violation of federal law, rendering all actions stemming from her role invalid. The decision halts two politically explosive cases targeting two of Trump’s most prominent adversaries.
In her written ruling, Currie said “all actions flowing from Ms. Halligan’s defective appointment… are hereby set aside,” including the indictments she secured shortly after taking office.
The White House criticized the decision, saying it would “not be the final word,” while Attorney General Pam Bondi announced an immediate appeal. Prosecutors may still attempt to refile the charges, though the judge dismissed the cases without prejudice.
Defense teams for both Comey and James had long argued that the prosecutions reflected “outrageous government conduct,” pointing to what they described as a politically driven effort to weaponize the Justice Department. They also challenged Halligan’s legitimacy, arguing that her appointment exceeded the 120-day authority granted to attorneys general and bypassed the requirement that judges fill such vacancies after that period.
Comey, who had been charged with making false statements and obstructing Congress, welcomed the ruling, calling the case “a prosecution based on malevolence and incompetence.” Letitia James, facing mortgage fraud allegations, said she remained “fearless in the face of these baseless charges.”
Judge Currie rejected a Justice Department attempt to retroactively validate Halligan’s work by naming her a “Special Attorney,” writing that such a maneuver would effectively allow any private citizen to enter a grand jury room and obtain indictments “so long as the Attorney General gives her approval after the fact.”
The dismissal comes as several other interim U.S. attorney appointments across the country face legal challenges, though Currie’s ruling goes further by voiding the indictments entirely due to Halligan’s sole involvement in presenting evidence.
The Justice Department now faces a narrow window to refile at least one of the cases. Comey was indicted just days before the statute of limitations expired, raising further questions about whether prosecutors can revive the charges.
