Federal Judge Dismisses Charges Against Comey and Letitia James, Citing Illegal Prosecutor Appointment

November 24, 2025 - WASHINGTON, D.C. - In a dramatic legal rebuke with sweeping implications, U.S. District Judge Cameron McGowan Currie has dismissed criminal indictments against former FBI Director James Comey and New York Attorney General Letitia James, ruling that the prosecutor who brought the cases-Lindsey Halligan-was unlawfully appointed.

The decision, issued on November 24, 2025, invalidates the indictments on the grounds that Halligan, a former personal attorney to President Donald Trump, lacked the legal authority to serve as interim U.S. Attorney for the Eastern District of Virginia. Judge Currie concluded that Halligan's appointment violated both the federal statute governing U.S. attorney vacancies (Section 546) and the Constitution's Appointments Clause.

A Procedural Fault with Political Reverberations

Halligan was appointed in September 2025 after Attorney General Pam Bondi removed her predecessor, Erik Siebert, who had reportedly resisted pressure to pursue charges against Trump's political adversaries. Halligan was the sole prosecutor to present the cases to grand juries and sign the indictments against Comey and James.

Comey faced charges of making false statements to Congress and obstructing a congressional investigation, while James was indicted for alleged bank fraud and false statements to a financial institution. Both pleaded not guilty and argued that the prosecutions were politically motivated.

Judge Currie agreed, at least in part, with their legal teams' arguments that Halligan's appointment was invalid. "All actions flowing from Ms. Halligan's defective appointment... constitute unlawful exercises of executive power and must be set aside," Currie wrote in her opinion.

Legal and Political Fallout

The dismissals were issued "without prejudice," meaning the Department of Justice could theoretically refile the charges. However, legal experts note that the statute of limitations for Comey's alleged offenses expired in September, potentially shielding him from future prosecution on the same charges.

The ruling is a significant setback for President Trump's efforts to pursue legal action against prominent critics and political opponents. Critics have long accused the administration of weaponizing the Justice Department for political retribution-a charge the White House denies.

White House Press Secretary Karoline Leavitt dismissed the ruling as a "technicality" and accused Judge Currie of shielding Comey and James from accountability. "It is our position that Lindsey Halligan is extremely qualified for this position, but, more importantly, was legally appointed to it," Leavitt said, adding that the administration intends to appeal.

Broader Implications

The decision could have ripple effects beyond these two high-profile cases. Legal analysts warn that other prosecutions initiated by Halligan during her tenure may now face similar challenges. A comparable ruling recently disqualified another Trump-appointed U.S. attorney, Alina Habba, in New Jersey, leaving several cases in legal limbo.

Comey, in a statement, called the prosecution "a reflection of what the Department of Justice has become under Donald Trump," while Letitia James said she was "heartened" by the ruling and vowed to continue her work for New Yorkers.

As the Justice Department weighs its next steps, the case underscores the enduring tension between legal procedure and political power-and raises fresh questions about the integrity of prosecutorial appointments in politically charged cases.