Federal Judge Dismisses Charges Against Comey, Letitia James Over Prosecutor Appointment Issue
A federal judge has thrown out indictments against former FBI Director James Comey and New York Attorney General Letitia James, delivering a legal setback to the Trump administration’s efforts to prosecute several high-profile political opponents.
U.S. District Judge Cameron McGowan Currie ruled Monday that the indictments were invalid because Lindsey Halligan, the interim U.S. attorney who brought the charges, had not been lawfully appointed to her position.
“I agree with Mr. Comey that the attorney general’s attempt to install Ms. Halligan as interim U.S. attorney for the Eastern District of Virginia was invalid,” Judge Currie wrote. “And because Ms. Halligan had no lawful authority to present the indictment, I will grant Mr. Comey’s motion and dismiss the indictment without prejudice.”
Letitia James’ case was dismissed under the same rationale.
Halligan Appointment at Center of Controversy
Halligan, who previously served on Donald Trump’s personal legal team, was tapped earlier this year to temporarily lead the Eastern District of Virginia following the resignation of U.S. Attorney Erik Siebert. Siebert had overseen probes into both Comey and James but had not moved forward with criminal charges.
Trump’s DOJ acted swiftly after Halligan’s appointment, indicting Comey in September and Letitia James a month later. Both indictments immediately raised questions about the unusual nature of Halligan’s installation and her prior ties to Trump.
With Currie’s ruling, any future prosecution would need to be brought either by a properly confirmed U.S. attorney or under new legal authority. Prosecutors could also appeal the ruling.
Comey and James Charges
Comey had faced charges of making false statements and obstructing a congressional investigation related to his 2020 testimony about the FBI’s 2016 Russia probe. Letitia James was charged with fraud and perjury related to a 2023 home loan in Virginia. She allegedly claimed a residence in the state to qualify for favorable mortgage terms, despite continuing to serve as New York’s attorney general, a role requiring New York residency.
Both denied wrongdoing and argued the cases were politically motivated.
Trump’s Reaction
President Trump has long made Comey and James targets of his public ire. While he denied directly ordering the prosecutions, he defended the indictments earlier this month.
“You don’t have to instruct them,” Trump said. “They were so dirty, they were so crooked, they were so corrupt that the honest people we have … go after them automatically.”
The ruling comes amid ongoing scrutiny of Trump’s Justice Department, which has brought several prosecutions against former officials and political adversaries since his return to office. Whether the DOJ will retry either case remains unclear.