Judge Dismisses Charges Against Comey and James Over Prosecutor's Unlawful Appointment

A federal judge has 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 McGowan Currie determined that Lindsey Halligan, who secured the indictments, lacked the legal authority to do so due to her improper appointment as interim U.S. Attorney for the Eastern District of Virginia. This decision invalidates the indictments against Comey and James, both of whom had pleaded not guilty and alleged that the prosecutions were politically motivated.

The dismissals stem from Halligan's appointment process. After the departure of the previous U.S. Attorney, Erik Siebert, Attorney General Pam Bondi appointed Halligan as interim U.S. Attorney. However, Judge Currie found that this appointment violated federal law, which stipulates that if a U.S. Attorney position remains vacant after 120 days, the authority to appoint an interim successor shifts to the district court. In her ruling, Currie stated, "The 120-day clock began running with Mr. Siebert’s appointment on January 21, 2025. When that clock expired on May 21, 2025, so too did the Attorney General’s appointment authority."

The Justice Department has indicated plans to appeal the ruling. Attorney General Bondi defended Halligan's appointment, asserting that she is "an excellent U.S. attorney" and expressing intent to pursue "all available legal action including an immediate appeal."

The cases were dismissed without prejudice, allowing for the possibility of refiling under a lawfully appointed prosecutor. However, the statute of limitations on Comey's charges has expired, complicating any efforts to refile.

Legal experts suggest that this ruling could have broader implications for the Justice Department's appointment practices and the integrity of prosecutorial actions. The case highlights the importance of adhering to established legal procedures in appointments to ensure the validity of prosecutorial actions.

As the Justice Department considers its next steps, the dismissals underscore the necessity of lawful appointments in upholding the integrity of the judicial process.