Judge Tosses Indictments Against NY AG Letitia James, Ex-FBI Director James Comey
A federal judge dismissed the indictments against former FBI Director James Comey and New York Attorney General Letitia James Monday, ruling that interim U.S. Attorney Lindsey Halligan in Virginia — who prosecuted the cases — was unlawfully appointed to the role.
The Justice Department is expected to appeal the ruling, but it’s a major blow to President Trump’s efforts to prosecute two of his critics.
INSIDE THE RULING
U.S. District Judge Cameron Currie — a President Bill Clinton appointee — ruled that the appointment was illegal because the Attorney General’s power to appoint an interim U.S. Attorney for the Eastern District of Virginia had already been exhausted.
Backstory: The AG legally appointed Erik Siebert as interim U.S. Attorney in January 2025 — but that 120-day appointment expired in May. Siebert was then reportedly pushed out early after refusing to pursue the prosecution of Comey. Under the statute, once his term ended, the AG no longer had authority to name another interim replacement.
The AG still installed Halligan in September, a move the judge found violated the Constitution’s Appointments Clause. Currie wrote, “All actions flowing from Ms. Halligan’s defective appointment…constitute unlawful exercises of executive power and must be set aside.”
Halligan has no prosecutorial experience and previously worked as an insurance attorney in Florida.
The charges: Comey pleaded not guilty to charges that he lied to Congress during a 2020 hearing and obstructed proceedings; while James pleaded not guilty to criminal charges related to alleged mortgage fraud.
WHAT’S NEXT
Comey and James argued that the cases were politically motivated. Comey’s legal team also pushed to have his case thrown out on grounds related to Halligan’s handling of the indictment. A ruling on those arguments is still pending.
The cases were dismissed “without prejudice,” which means they could be re-filed.
Comey responded Monday, saying he expects Trump to “come after me again,” but added that he is innocent, unafraid, and trusts the independence of the federal judiciary.