Judge tosses indictments against James Comey and Letitia James
A federal judge on Monday dismissed the criminal cases against former FBI Director James Comey and 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 charges without prejudice, meaning the cases could potentially be refiled by an appropriately appointed U.S. attorney.
U.S. District Judge Cameron McGowan Currie concluded that the appointment of Interim U.S. Attorney Lindsey Halligan was unconstitutional and that her actions bringing the case were "unlawful" and "ineffective."
"Because Ms. Halligan had no lawful authority to present the indictment, I will grant Mr. Comey's motion and dismiss the indictment without prejudice," she wrote.
Halligan, President Donald Trump's handpicked U.S. attorney for the Eastern District of Virginia, sought the indictment of Comey and James over the objections of career prosecutors after Trump forced out previous U.S. attorney Erik Siebert who sources said had resisted bringing the cases.
Halligan, who had no experience as a prosecutor, sought the indictment after Trump, in a social media post, called on Attorney General Pam Bondi to act "NOW!!!" to prosecute Comey, James and Rep. Adam Schiff.
White House press secretary Karoline Leavitt told reporters following the decision that the Justice Department would be appealing the ruling "very soon."
"It is our position that Lindsey Halligan is extremely qualified for this position, but more importantly, was legally appointed to it," Leavitt said.
Comey pleaded not guilty in October to one count of false statements and one count of obstruction of a congressional proceeding related to his testimony before the Senate Judiciary Committee in 2020, amid what critics call Trump's campaign of retribution against his perceived political foes.
Vice President JD Vance has said any such prosecutions are "driven by law and not by politics."
James, who successfully brought a civil fraud case against Trump last year and leads multiple lawsuits challenging his administration's policies, pleaded not guilty in October to charges that she committed mortgage fraud related to a home she purchased in 2020.
Prosecutors said she falsely described a property she purchased in Norfolk, Virginia, as a second home instead of an investment property in order to obtain a lower mortgage rate. James said she purchased the property for her great-niece and allowed her and her children to live in the house rent-free.
"I am heartened by today's victory and grateful for the prayers and support I have received from around the country," James said in a statement following Friday's ruling. "I remain fearless in the face of these baseless charges as I continue fighting for New Yorkers every single day."
James’ attorney, Abbe Lowell, said in a statement, that he would challenge “any further politically motivated charges through every lawful means available.”
Comey, in a social media post, wrote, "This case mattered to me personally, obviously, but it matters most because a message has to be sent that the President of the United States cannot use the Department of Justice to target his political enemies. I don't care what your politics are. You have to see that as fundamentally un-American and a threat to the rule of law that keeps all of us free."
"The day when Mr. Comey was indicted was a sad day for our government," Comey's attorney, Patrick Fitzgerald, said in a statement. "Honest prosecutors were fired to clear the path for an unlawful prosecution. But today an independent judiciary vindicated our system of laws not just for Mr. Comey but for all American citizens."
With the statute of limitations for Comey's case set to expire, it is unclear whether the case could be refiled in time. Lawyers for Comey have argued that the statute of limitations has already run out.
Unlike the case against Comey, the allegations against James appear to be well within the statute of limitations should the Department of Justice try to pursue the case again.
Under federal law, the attorney general has the authority to appoint an interim U.S. Attorney for 120 days before the appointment power shifts to the judges in that federal district. When U.S. Attorney Jessica Aber, who was President Joe Biden’s pick to lead the office, resigned on Jan. 20, Siebert was appointed as interim U.S. attorney.
After 120 days, the power to appoint an interim U.S. attorney shifted from the attorney general to the judges in the Eastern District of Virginia, who used their authority 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 lawfully in his position until September, when he resigned following a pressure campaign from the president. Within 48 hours of Trump’s social media post calling for the prosecution of his political foes, Bondi cited the same federal law that allows a 120-day interim appointment to authorize Halligan as the interim U.S. attorney.
After both Comey and James were indicted, Bondi attempted to ratify Haligan's appointment, but Judge Currie rejected that attempt to fix the issue after the fact.
"The implications of a contrary conclusion are extraordinary. It would mean the Government could send any private citizen off the street -- attorney or not -- into the grand jury room to secure an indictment so long as the Attorney General gives her approval after the fact. That cannot be the law," she wrote.
According to Currie, the decision about who leads the U.S. Attorney’s Office in Eastern Virginia is now in the hands of the judges in that district, until Trump nominates and the Senate confirms a permanent U.S. attorney to take over.
ABC News' Luke Barr and Jack Date contributed to this report.
