A federal judge on Monday dismissed criminal charges against former FBI Director James Comey and New York Attorney General Letitia James, ruling that the prosecutor who brought the cases was unlawfully appointed.
U.S. District Judge Cameron Currie found that Lindsey Halligan, a former personal lawyer to President Donald Trump, lacked legal authority to prosecute Comey and James, thereby nullifying the indictments. Halligan was appointed interim U.S. attorney for the Eastern District of Virginia after the prior appointee, Erik Siebert, resigned.
“I agree with Mr. Comey that the Attorney General’s attempt to install Ms. Halligan as Interim U.S. Attorney… was invalid. And because Ms. Halligan had no lawful authority to present the indictment, I will grant Mr. Comey’s motion and dismiss the indictment,” Currie wrote, also dismissing the James case.
Comey faced charges of making a false statement to Congress and obstructing a congressional investigation; James faced bank fraud and false statement charges. Both pleaded not guilty.
Halligan was the sole prosecutor to present the cases to a grand jury and sign the indictments. Other prosecutors reportedly recommended against filing charges due to insufficient evidence. The cases followed Trump’s public urging of Attorney General Pam Bondi to pursue Comey, James, and Democratic Sen. Adam Schiff.
“Pam: I have reviewed over 30 statements and posts saying, essentially, ‘same old story as last time, all talk, no action. Nothing is being done. What about Comey, Adam ‘Shifty’ Schiff, Leticia??? They’re all guilty as hell, but nothing is going to be done,’” Trump wrote on Truth Social.
“They impeached me twice, and indicted me (5 times!), OVER NOTHING. JUSTICE MUST BE SERVED, NOW!!!” his post concluded.
A source later confirmed to The Wall Street Journal that the message was intended to be a direct message to Bondi, rather than a public posting.
Federal law limits interim U.S. attorney appointments to 120 days unless confirmed by the Senate. Lawyers for Comey and James argued that after Siebert’s removal, only judges could appoint a replacement. Currie sided with that argument.
The Justice Department is currently appealing similar rulings disqualifying other U.S. attorneys. Comey’s lawyer called the prosecution “vindictive and personal,” per NBC.