A federal judge on Monday threw out the criminal indictments against former FBI Director James Comey and New York Attorney General Letitia James, ruling that the prosecutor who brought the charges had been improperly appointed.
U.S. District Judge Cameron Currie dismissed the false-statements case against Comey and the bank-fraud case against James without prejudice, meaning federal prosecutors could seek new indictments in the future.
In a sharply worded opinion, Currie wrote: “I conclude that the Attorney General’s attempt to install Ms. Halligan as Interim U.S. Attorney for the Eastern District of Virginia was invalid and that Ms. Halligan has been unlawfully serving in that role since September 22, 2025.”
Judge Rules Prosecutor Was Not Legally Installed
The ruling centers on Lindsey Halligan, whom Attorney General Pam Bondi tapped as interim U.S. attorney in one of the Justice Department’s most influential districts. The appointment raised immediate questions because Halligan had no prosecutorial experience and assumed the position just days after the removal of the prior interim U.S. attorney, Erik Siebert.
Halligan personally presented both cases to the grand jury and was the sole lawyer to sign the resulting indictments—an unusual move given the high-profile nature of the cases and the absence of career prosecutors from the Eastern District of Virginia.
Defense attorneys for Comey and James argued that Halligan had no lawful authority to act. Abbe Lowell, representing Letitia James, said Halligan was effectively a “private person” when she entered the grand jury rooms and “completely unauthorized to be in them.”
DOJ Attempted to Ratify the Indictments
The Justice Department has defended Halligan’s installation, and Bondi attempted to ratify the indictments retroactively, an action Currie noted would not have been necessary had the appointment been legally valid.
During a recent hearing, DOJ attorney Henry Whitaker characterized the controversy as “at best a paperwork error.” Currie was not persuaded, signaling skepticism about Halligan’s standing even before issuing Monday’s order.
Currie, a Clinton-era appointee now based in South Carolina, was assigned to the case after Virginia’s federal judges recused themselves due to the unusual procedural issues raised by Halligan’s appointment. The challenges brought by Comey and James were consolidated because they involved identical questions of authority.
High-Profile Cases Scrapped, For Now
The dismissals mark a significant development in two of the most closely watched prosecutions targeting officials long viewed unfavorably by conservatives for their roles in investigations and legal actions against former President Donald Trump. Comey has been a lightning rod for criticism over the FBI’s handling of the 2016 Trump-Russia investigation, while Letitia James led New York’s aggressive civil case against Trump and his business empire.
The DOJ could appeal Currie’s ruling or choose to bring the charges again—this time through a properly appointed U.S. attorney.
