Federal Judge Dismisses Indictments Against James Comey and Letitia James, Citing Unlawful Prosecutor Appointment

Indictments Against Comey and James Dismissed

A federal judge on Monday, November 24, 2025, dismissed criminal cases against former FBI Director James Comey and New York Attorney General Letitia James. U.S. District Judge Cameron McGowan Currie, presiding in the Eastern District of Virginia, ruled that the interim U.S. Attorney who brought the charges, Lindsey Halligan, was unlawfully appointed, thereby invalidating the indictments.

Judge Currie's decision stated that 'all actions flowing from Ms. Halligan's defective appointment, including securing and signing Mr. Comey's indictment, were unlawful exercises of executive power and are hereby set aside.' This ruling marks a significant development in cases that both Comey and James had characterized as politically motivated efforts by the Trump administration to target perceived adversaries.

Unlawful Appointment of Interim U.S. Attorney

The core of Judge Currie's ruling centered on the appointment of Lindsey Halligan as interim U.S. Attorney for the Eastern District of Virginia. Halligan, a former White House aide and personal lawyer to President Trump, was appointed in September 2025. The court found that her appointment circumvented federal statute 28 U.S.C. § 546 and the Constitution's Appointments Clause.

Federal law dictates that an Attorney General can appoint an interim U.S. Attorney for a period of 120 days. After this period, if no permanent U.S. Attorney is confirmed by the Senate, the federal district court is responsible for naming the individual to act in the role. The Trump administration had previously appointed Erik Siebert as interim U.S. Attorney in January 2025. Siebert was reportedly pushed out after he resisted bringing charges against Comey and James, leading to Attorney General Pam Bondi's attempt to install Halligan, effectively restarting the 120-day clock. Judge Currie concluded that this maneuver was an unlawful evasion of the statutory scheme.

Details of the Indictments and Reactions

James Comey had been charged with

  • lying to Congress
  • obstructing a congressional proceeding
related to events approximately five years prior. For Letitia James, the charges included
  • mortgage fraud
  • making false statements to a financial institution
. Both individuals had pleaded not guilty to their respective charges.

The dismissals were made 'without prejudice,' meaning that in theory, the Justice Department could refile the cases with a lawfully appointed prosecutor. However, the statute of limitations for the alleged crime against Comey expired on September 30, 2025, making a refiling in his case unlikely.

Following the ruling, James Comey expressed gratitude, stating, 'I'm grateful that the court ended the case against me which was a prosecution based on malevolence and incompetence.' Letitia James also welcomed the decision, remarking, 'I am heartened by today's victory and grateful for the prayers and support I have received from around the country.' Conversely, Attorney General Pam Bondi announced that the Justice Department would pursue 'all available legal action, including an immediate appeal.' White House press secretary Karoline Leavitt called the ruling 'unprecedented.'

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5 Comments

Avatar of Stan Marsh

Stan Marsh

While the judge's ruling on the unlawful appointment seems legally sound, it's frustrating that the actual allegations against Comey and James won't be fully litigated. This leaves many questions unanswered about their conduct.

Avatar of Kyle Broflovski

Kyle Broflovski

Finally, some accountability for those trying to weaponize the DOJ. The process matters!

Avatar of Eric Cartman

Eric Cartman

So they get away with it because of a paperwork error? This is an absolute joke.

Avatar of Stan Marsh

Stan Marsh

This ruling proves their appointments were politically motivated and illegal. Good riddance.

Avatar of Kyle Broflovski

Kyle Broflovski

The swamp is real. They found a loophole to shield Comey and James from accountability.

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