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Federal prosecutor in Virginia fired, unwilling to take on Comey prosecution: Sources

2:12
Judge dismisses Comey, James indictments
Brendan Smialowski/AFP via Getty Images
ByJack Date and Luke Barr
January 12, 2026, 10:59 PM

A senior Justice Department prosecutor in the Eastern District of Virginia has been fired over his unwillingness to take on the prosecution of former FBI Director James Comey, sources familiar with the matter told ABC News.

Robert McBride, an experienced prosecutor, was recently brought to the office from Kentucky to serve as the top deputy to U.S. Attorney Lindsey Halligan.

Halligan's role as the top prosecutor in the Eastern District of Virginia has been disputed after the case against Comey was dismissed last November. 

Lindsey Halligan, attorney for U.S. President Donald Trump attends an executive order signing in the Oval Office of the White House, March 31, 2025 in Washington.
Al Drago/Getty Images

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Judge orders DOJ to explain why Lindsey Halligan is still using the title of US attorney

Federal Judge Cameron McGowan Currie ruled that Halligan's appointment was defective and in violation of the Constitution's appointments clause.

The Justice Department is appealing that ruling.

McBride declined to comment on the dismissal when contacted by ABC News.

PHOTO: TOPSHOT-US-POLITICS-CONGRESS-INTELLIGENCE
TOPSHOT - Former FBI Director James Comey arrives to testify during a US Senate Select Committee on Intelligence hearing on Capitol Hill in Washington,DC, June 8, 2017.
Brendan Smialowski/AFP via Getty Images

The case against Comey has floundered, with the statute of limitations for the original charges having lapsed.

Justice Department officials declined to comment when contacted by ABC News.

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