Alexandria, Virginia. A federal judge has dismissed the criminal cases against former FBI Director James Comey and New York Attorney General Letitia James after ruling that the interim U.S. attorney who secured the indictments was improperly appointed. The decision, issued Monday by U.S. District Judge Cameron Currie, found that Lindsey Halligan—installed by the Trump administration last September as interim U.S. attorney for the Eastern District of Virginia—was serving in violation of federal laws governing the appointment of top prosecutors.
Currie concluded that Halligan’s appointment bypassed Senate confirmation requirements and exceeded the Justice Department’s authority. As a result, the judge ruled that all actions flowing from her appointment, including the indictments of Comey and James, “must be set aside” because they constituted unlawful exercises of executive power.
The cases, however, were dismissed “without prejudice,” meaning the Justice Department could refile them. But Comey’s legal team indicated they would argue the case cannot be revived because the statute of limitations expired in September. Letitia James’ case may still be eligible for refiling, though the ruling creates significant procedural hurdles.
The indictments were among the most high-profile actions undertaken by Halligan since her appointment on Sept. 22. The ruling leaves the future of the investigations uncertain, and the Justice Department has not commented on whether it intends to pursue the cases again through a properly appointed prosecutor.
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