A federal judge has dismissed the criminal cases brought against former FBI Director James Comey and New York Attorney General Letitia James, ruling that the prosecutor who filed the charges was improperly appointed.
Senior U.S. District Judge Cameron Currie issued the decision on Monday, finding that Lindsey Halligan — appointed last year as interim U.S. attorney for the Eastern District of Virginia — had been serving in the role unlawfully. Halligan oversaw both high-profile indictments.
The ruling is a major setback for former President Donald Trump, who had publicly urged Attorney General Pam Bondi to pursue charges against Comey, James, and other political opponents.
Requests for comment from Halligan’s office, the White House, and the Justice Department were not immediately returned.
Comey and James Indictments Tossed
Comey, a frequent target of Trump’s criticism, was indicted in late September on charges of making false statements and obstruction related to past congressional testimony. The charges were filed days after Bondi appointed Halligan to the interim U.S. attorney role — a move that followed the resignation of Erik Siebert, the previous U.S. attorney, who reportedly expressed concerns about prosecuting Comey.
Letitia James was indicted in October on bank fraud and false-statement charges linked to a 2020 mortgage.
Currie ruled that Halligan’s appointment violated both constitutional requirements and federal statute. Under the law, the attorney general has a 120-day window to appoint an interim U.S. attorney. That clock began when Siebert was appointed on January 21 — meaning the authority expired on May 21, months before Halligan was installed on September 22.
Because of that, the judge wrote, Halligan had “been unlawfully serving in that role,” and she alone presented evidence to the grand juries in both cases, rendering the indictments invalid.
James Responds: ‘I Remain Fearless’
Following the dismissal, Letitia James issued a statement celebrating the ruling.
“I am heartened by today’s victory and grateful for the prayers and support I have received from around the country,” she said. “I remain fearless in the face of these baseless charges as I continue fighting for New Yorkers every single day.”
At this stage, it remains unclear whether the Justice Department will attempt to refile the cases under a lawfully appointed prosecutor.
