Judge dismisses indictments against Comey, NY AG James

ALEXANDRIA, Va. (CN) — A federal judge on Monday dismissed criminal cases against former FBI Director James Comey, a prominent critic of President Donald Trump, and New York Attorney General Letitia James, who successfully sued the president for fraud.

In separate opinions, Senior U.S. District Judge Cameron McGowan Currie ruled that the appointment of Trump aide Lindsey Halligan as interim U.S. attorney for the Eastern District of Virginia violated the appointments clause of the U.S. Constitution and all actions flowing from that defective appointment, including securing the indictments against Comey and James, were unlawful exercises of executive power.

“This case presents the unique, if not unprecedented, situation where an unconstitutionally appointed prosecutor, exercising power [she] did not lawfully possess, acted alone in conducting a grand jury proceeding and securing an indictment. In light of the near-complete control that prosecutors wield over the grand jury process, such an error necessarily affects the entire framework within which the proceeding occurs,” Currie concluded.

Comey had been charged Sept. 25 with lying during a Senate committee hearing and obstruction of a congressional proceeding in connection with testimony he gave five years ago. And in a separate indictment secured by Halligan, James was charged with bank fraud on Oct. 9.

Currie wrote that her ruling returns both James and Comey to the status they occupied before being indicted.

The two released statements on social media expressing gratitude. On X, James wrote, “I am heartened by today’s victory and grateful for the prayers and support I have received from around the country. I remain fearless in the face of these baseless charges as I continue fighting for New Yorkers every single day.”

In a statement posted to Instagram, Comey also said he was grateful. “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 law that keeps all of us free.”

The charges were dismissed without prejudice — meaning they could be brought again. But that’s unlikely.

In a statement, Patrick J. Fitzgerald, lead attorney for the former FBI director, noted, “The decision further indicates that because the indictment is void, the statute of limitations has run, and there can be no further indictment. The day when Mr. Comey was indicted was a sad day for our government. 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.”

The headline-making case fell apart because Halligan was not appointed either by the president — with the advice and consent of the Senate — or through a process Congress has authorized by statute, according to Currie’s order.

The judge recounted that shortly before the indictment, another U.S. attorney, Erik Siebert, had resigned. “According to news reports, Mr. Siebert had recently expressed concerns to senior Department of Justice officials about the viability of pursuing charges”  against Comey and James, Currie recounted.

Trump told reporters at the White House he wanted Siebert out. He then posted a message on social media calling for U.S. Attorney General Pam Bondi to pursue cases against Comey and James, along with Senator Adam Schiff, a California Democrat. The president recommended the services of Halligan, whom he described as a “really good lawyer.”

Currie wrote that Siebert, the previous U.S. attorney, had also been initially appointed as an interim attorney — a position later approved by district judges.

Currie reasoned that the attorney general’s authority to appoint an interim U.S. attorney lasts 120 days after the departure of a Senate-confirmed U.S. attorney. “If the position remains vacant at the end of the 120-day period, the exclusive authority to make further interim appointments under the statute shifts to the District Court, where it remains until the president’s nominee is confirmed by the Senate.”

Halligan’s appointment was different, the judge wrote. The 120-day clock began running with Siebert’s appointment Jan. 21. “When that clock expired on May 21, 2025, so, too, did the attorney general’s appointment authority. Consequently, I conclude that the attorney general’s attempt to install Ms. Halligan as interim U.S. attorney for the Eastern District of Virginia was invalid and that Ms. Halligan has been unlawfully serving in that role since Sept. 22,” Currie concluded.

The judge added that Halligan could not lawfully exercise the statutory power of the office unless she has been properly appointed.

Currie, a South Carolina district judge and Bill Clinton appointee, was brought to Virginia as a procedural step to avoid conflicts of interest in the case.