Judge dismisses accusations against James Comey and Letitia James

A federal judge dismissed criminal cases against former FBI Director James Comey and New York Attorney General Letitia James, saying the appointment of the U.S. attorney who brought the charges was invalid.

The judge dismissed the charges without prejudice, meaning the cases could be refiled by a duly appointed U.S. attorney.

U.S. District Judge Cameron McGowan Currie found that Acting U.S. Attorney Lindsey Halligan’s appointment was unconstitutional and that her actions in bringing the case were “unlawful.” and “ineffective.”

“Because Ms. Halligan had no legal authority to bring the charge, I will grant Mr. Comey’s motion and dismiss the charge without prejudice,” he wrote.

Halligan, President Donald Trump’s hand-picked federal prosecutor for the Eastern District of Virginia, requested the indictment of Comey and James for the objections from career prosecutors after trump forced out Former U.S. Attorney Erik Siebert, who sources said had resisted bringing the cases.

Halligan, who had no experience as a prosecutor, requested the impeachment after Trump, in a social media post, asked Attorney General Pam Bondi to act “NOW!!!” to prosecute Comey, James and Representative Adam Schiff.

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 payback campaign against his supposed political enemies.

Vice President JD Vance has said that such prosecutions are “driven by law and not politics.”

James, who successfully brought a civil fraud case against Trump last year and is leading multiple lawsuits challenging his administration’s policies, pleaded not guilty in October to charges that he committed mortgage fraud related to a home he bought in 2020.

Prosecutors said she falsely described a property she purchased in Norfolk, Virginia, as a second home rather than an investment property to get a lower mortgage rate. James said he bought the property for his great-niece and allowed her and her children to live in the house rent-free.

“I am encouraged by today’s victory and grateful for the prayers and support I have received from across the country,” James said in a statement following Friday’s ruling. “I stand brave in the face of these baseless accusations as I continue to fight for New Yorkers every day.”

With the statute of limitations for Comey’s case about to expire, it is unclear whether the case could be refiled in time. Comey’s lawyers have argued that the statute of limitations has already expired.

Unlike the case against Comey, the allegations against James appear to be within the statute of limitations should the Justice Department attempt to pursue the case again.

Under federal law, the attorney general has the authority to appoint an acting U.S. attorney for 120 days before the appointment power passes to judges in that federal district. When U.S. Attorney Jessica Aber, President Joe Biden’s pick to lead the office, resigned on Jan. 20, Siebert was named acting U.S. attorney.

After 120 days, the power to appoint an acting U.S. attorney passed from the attorney general to the judges of the Eastern District of Virginia, who used their authority to allow Siebert to continue serving.

“When that clock expired on May 21, 2025, the Attorney General’s appointment authority also expired,” Judge Currie wrote in her decision.

Siebert continued to legally serve in his role until September, when he resigned following a pressure campaign by the president. Within 48 hours of Trump’s social media post calling for the prosecution of his political enemies, Bondi cited the same federal law that allows for a 120-day acting appointment to authorize Halligan as acting U.S. attorney.

After Comey and James were indicted, Bondi attempted to uphold Haligan’s appointment, but Judge Currie rejected that attempt to fix the problem after the fact.

“The implications of a contrary conclusion are extraordinary. It would mean that the Government could send any private citizen off the street, lawyer or not, to the grand jury room to obtain an indictment, as long as the Attorney General gives his approval after the fact. That cannot be the law,” he wrote.

According to Currie, the decision on who heads 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.