On Monday, a federal judge dismissed two high-profile indictments, one against former FBI Director James Comey and the other against New York Attorney General Letitia James, on the grounds that the appointment of the U.S. attorney who brought the indictments was invalid.
The judge dismissed the cases “without prejudice,” meaning that the charges could be filed again by an appropriately appointed U.S. attorney.
U.S. District Judge Cameron McGowan Currie ruled that the appointment of Interim U.S. Attorney Lindsey Halligan was unconstitutional and that her actions were “ineffective” and “unlawful.”
Halligan, President Donald Trump’s handpicked U.S. Attorney for the Eastern District of Virginia, sought the indictments despite the objections of career prosecutors after Trump ousted former U.S. Attorney Erik Siebert, who sources said was reluctant to bring the cases against Comey and James.
Halligan, who had no experience as a prosecutor, brought the indictments after Trump took to social media to pressure Attorney General Pam Bondi to bring cases against both Comey and former U.S. Representative Adam Schiff.
Reaction to the decision was split along typical lines, as White House Press Secretary Karoline Leavitt announced that the Justice Department will be appealing the ruling “very soon,” and that Halligan was not only very qualified for the position, but was also within her legal jurisdiction to pursue the charges.
Comey pleaded not guilty to one count of making false statements and one count of obstructing a congressional proceeding related to his testimony before the Senate Judiciary Committee in 2020.
James, who brought a civil fraud case against Trump as well as multiple lawsuits against his administration’s policies, pleaded not guilty to charges that she committed mortgage fraud related to a home purchase in 2020.
Comey expressed in a social media post that the case “matters most because a message needs to be sent that the President of the United States cannot use the Department of Justice to target his political enemies.”
James, meanwhile, remarked that she was “heartened” by the victory and remains “fearless in the face of these baseless charges as I continue fighting for New Yorkers every single day.”
Vice President J.D. Vance maintains that any such prosecutions are “driven by law and not by politics.”
The statute of limitations in Comey’s case is set to expire, and it is unclear whether the case could be filed again in time.
However, the allegations against James seem to be well within the statute of limitations should the Department of Justice try to pursue them again.
Under federal law, the attorney general has the right to appoint an interim U.S. attorney for 120 days before the appointment power shifts to the federal judges in that district.
When U.S. Attorney Jessica Aber, who was President Biden’s pick to lead the office, resigned on January 20, Siebert was appointed interim U.S. attorney.
After 120 days, the power to appoint the U.S. attorney shifted from the attorney general to the judges in the Eastern District of Virginia, who used their power to allow Siebert to continue serving in his role.
“When that clock expired on May 21, 2025, so too did the Attorney General’s appointment authority,” Judge Currie wrote in her decision.
Siebert continued to serve in his position until he resigned following Trump’s social media campaign calling for indictments of his political adversaries.
Thereafter, Bondi cited the same law that allows a 120-day interim appointment to authorize Halligan as interim U.S. attorney.
After both Comey and James were indicted, Bondi attempted to ratify Halligan’s appointment, but Judge Currie rejected the attempt to correct the issue after the fact.
The decision over who leads the U.S. Attorney’s Office in the Eastern District of Virginia is in the hands of the federal judges in that district until President Trump nominates a candidate for the position and that nominee is approved by the U.S. Senate.
