A federal judge has dismissed the criminal cases against former FBI Director James Comey and New York Attorney General Letitia James, ruling that the indictments were secured by a prosecutor who lacked lawful authority to bring them.
U.S. District Judge Cameron McGowan Currie found that Interim U.S. Attorney Lindsey Halligan — installed after the Trump administration forced out her predecessor — was unconstitutionally appointed and therefore unable to present cases to a grand jury. Currie wrote in her 29-page ruling that “because Ms. Halligan had no lawful authority to present the indictment, I will grant Mr. Comey’s motion and dismiss the indictment without prejudice,” adding that “all actions flowing from Ms. Halligan’s defective appointment, including securing and signing Mr. Comey’s indictment, were unlawful exercises of executive power.” A similar order tossed the case against Letitia James, with the dismissals issued without prejudice, leaving open the possibility of refiling (although the statute of limitations in Comey’s case may have already expired.) The Department of Justice also can appeal to a higher court.
Halligan, a former insurance lawyer with no prior prosecutorial experience, was a member of Mr. Trump’s defense team in one of the criminal cases brought against him by former special counsel Jack Smith. Attorney General Pam Bondi tapped Halligan as interim U.S. attorney shortly after her predecessor, Erik Siebert, abruptly left the post and appointed Halligan under Section 546, the federal law that governs U.S. attorney vacancies and allows the attorney general to select an interim U.S. attorney, who can then serve for 120 days. The Trump administration has invoked that law and another measure to install temporary prosecutors in New Jersey, Nevada and Los Angeles, though three different federal judges have all found they were serving unlawfully.
Halligan pursued the indictments after career Justice Department lawyers reportedly objected, bringing charges accusing Comey of making false statements and obstructing a congressional proceeding tied to his 2020 Senate testimony, while James had been indicted on bank and mortgage fraud allegations involving a Virginia property. Both pleaded not guilty. The judge rejected attempts by Attorney General Pam Bondi to retroactively validate Halligan’s actions, writing, “That cannot be the law.”
In a video statement, Comey said “the message has to be sent that the president of the United States cannot use the Department of Justice to target his political enemies. I’m grateful that the court ended the case against me, which was a prosecution based on malevolence and incompetence, and a reflection of what the Department of Justice has become under Donald Trump, which is heartbreaking.”
James celebrated the ruling, saying, “I am heartened by today’s victory and grateful for the prayers and support I have received from around the country. I remain fearless in the face of these baseless charges as I continue fighting for New Yorkers every single day.”
According to White House press secretary Karoline Leavitt, the Justice Department will appeal the decision.
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