Federal Judge Dismisses Criminal Cases Against James Comey and Letitia James Over Unlawful Prosecutor Appointment
A federal judge delivered a significant judicial rebuke to the Department of Justice on Monday, November 24, 2025, by dismissing the criminal indictments against former FBI Director James Comey and New York Attorney General Letitia James. Senior U.S. District Judge Cameron McGowan Currie ruled that the interim U.S. Attorney who secured the charges, Lindsey Halligan, had been unlawfully appointed to her role in the Eastern District of Virginia, asserting that the appointment violated both federal law and the Constitution’s Appointments Clause. The judge concluded that Ms. Halligan’s appointment, made by the Attorney General, circumvented federal vacancy laws which limit the tenure of interim U.S. Attorneys and shift the appointment power to the district court itself after a specific 120-day period expires.
In her dual orders, Judge Currie unequivocally stated that all actions flowing from Ms. Halligan’s “defective appointment,” including securing and signing the indictments against Mr. Comey and Ms. James, constituted “unlawful exercises of executive power” and must therefore be set aside. The ruling notes that Ms. Halligan, a former personal lawyer to President Donald Trump, had no previous prosecutorial experience and acted as the sole prosecutor presenting the evidence to the grand jury in both high-profile cases. This singular role was a key factor cited by the judge in vacating the indictments entirely, as opposed to cases where other lawfully appointed career prosecutors were also involved.
Both Mr. Comey and Ms. James, who have consistently claimed the charges against them were politically motivated retaliation orchestrated by President Trump, welcomed the ruling. While the charges were dismissed “without prejudice,” meaning the Justice Department theoretically retains the right to attempt to bring the cases again with a lawfully appointed prosecutor, the immediate consequences are far-reaching. Legal analysts suggest the statute of limitations for the alleged offenses against Mr. Comey has already expired, making a re-indictment unlikely. Attorney General Pam Bondi immediately announced the Justice Department’s intent to appeal the decision, maintaining that the department utilized all proper procedures and that Ms. Halligan’s actions were defensible under existing legal interpretations. The decision marks the most profound legal invalidation yet of the administration’s aggressive attempts to install politically aligned interim prosecutors across the country.
