A federal choose has dismissed the legal instances towards former FBI Director James Comey and New York Lawyer Normal Letitia James on the grounds that the appointment of the U.S. lawyer who introduced the indictments was invalid.
The choose dismissed the fees with out prejudice, that means the instances may doubtlessly be refiled by an appropriately appointed U.S. lawyer.
U.S. District Choose Cameron McGowan Currie concluded that the appointment of Interim U.S. Lawyer Lindsey Halligan was unconstitutional and that her actions bringing the case have been “illegal” and “ineffective.”
“As a result of Ms. Halligan had no lawful authority to current the indictment, I’ll grant Mr. Comey’s movement and dismiss the indictment with out prejudice,” she wrote.
Halligan, President Donald Trump’s handpicked U.S. lawyer for the Jap District of Virginia, sought the indictment of Comey and James over the objections of career prosecutors after Trump forced out earlier U.S. lawyer Erik Siebert who sources mentioned had resisted bringing the instances.
Halligan, who had no expertise as a prosecutor, sought the indictment after Trump, in a social media submit, referred to as on Lawyer Normal Pam Bondi to act “NOW!!!” to prosecute Comey, James and Rep. Adam Schiff.
Comey pleaded not guilty in October to 1 depend of false statements and one depend of obstruction of a congressional continuing associated to his testimony earlier than the Senate Judiciary Committee in 2020, amid what critics name Trump’s campaign of retribution towards his perceived political foes.
James Comey speaks, Could 30, 2023 in New York Metropolis.
Dia Dipasupil/Getty Pictures
Vice President JD Vance has mentioned any such prosecutions are “pushed by legislation and never by politics.”
James, who efficiently introduced a civil fraud case towards Trump final 12 months and leads a number of lawsuits difficult his administration’s insurance policies, pleaded not guilty in October to expenses that she dedicated mortgage fraud associated to a house she bought in 2020.
Prosecutors mentioned she falsely described a property she bought in Norfolk, Virginia, as a second house as a substitute of an funding property with a purpose to acquire a decrease mortgage price. James mentioned she bought the property for her great-niece and allowed her and her youngsters to dwell in the home rent-free.
“I’m heartened by at this time’s victory and grateful for the prayers and help I’ve acquired from across the nation,” James mentioned in a press release following Friday’s ruling. “I stay fearless within the face of those baseless expenses as I proceed combating for New Yorkers each single day.”
James’ lawyer, Abbe Lowell, mentioned in a press release, that he would problem “any additional politically motivated expenses by means of each lawful means out there.”
Comey, in a social media submit, wrote, “This case mattered to me personally, clearly, however it issues most as a result of a message needs to be despatched that the President of the US can’t use the Division of Justice to focus on his political enemies. I do not care what your politics are. You need to see that as basically un-American and a risk to the rule of legislation that retains all of us free.”
New York Lawyer Normal Letitia James speaks to the media after she pleaded not responsible to expenses that she defrauded her mortgage lender, exterior the U.S. District Court docket for the Jap District of Virginia, in Norfolk, Virginia, Oct. 24, 2025.
Jonathan Ernst/Reuters
With the statute of limitations for Comey’s case set to run out, it’s unclear whether or not the case may very well be refiled in time. Legal professionals for Comey have argued that the statute of limitations has already run out.
Not like the case towards Comey, the allegations towards James look like nicely throughout the statute of limitations ought to the Division of Justice attempt to pursue the case once more.
Below federal legislation, the lawyer basic has the authority to nominate an interim U.S. Lawyer for 120 days earlier than the appointment energy shifts to the judges in that federal district. When U.S. Lawyer Jessica Aber, who was President Joe Biden’s decide to guide the workplace, resigned on Jan. 20, Siebert was appointed as interim U.S. lawyer.
After 120 days, the facility to nominate an interim U.S. lawyer shifted from the lawyer basic to the judges within the Jap District of Virginia, who used their authority to permit Siebert to proceed serving in his position.
“When that clock expired on Could 21, 2025, so too did the Lawyer Normal’s appointment authority,” Choose Currie wrote in her resolution.
Siebert continued to serve lawfully in his place till September, when he resigned following a strain marketing campaign from the president. Inside 48 hours of Trump’s social media submit calling for the prosecution of his political foes, Bondi cited the identical federal legislation that permits a 120-day interim appointment to authorize Halligan because the interim U.S. lawyer.
After each Comey and James have been indicted, Bondi tried to ratify Haligan’s appointment, however Choose Currie rejected that try to repair the problem after the actual fact.
“The implications of a opposite conclusion are extraordinary. It might imply the Authorities may ship any non-public citizen off the road — lawyer or not — into the grand jury room to safe an indictment as long as the Lawyer Normal offers her approval after the actual fact. That can’t be the legislation,” she wrote.
Based on Currie, the choice about who leads the U.S. Lawyer’s Workplace in Jap Virginia is now within the arms of the judges in that district, till Trump nominates and the Senate confirms a everlasting U.S. lawyer to take over.
ABC Information’ Luke Barr contributed to this report.
