Comey, James Cases Dismissed As Judge Disqualifies Interim Us Attorney Lindsey Halligan
A federal judge has thrown out the criminal cases against former FBI Director James Comey and New York Attorney General Letitia James, concluding that President Donald Trump’s handpicked prosecutor, Lindsey Halligan, was illegally appointed to the role when she singlehandedly secured the indictments.
U.S. District Judge Cameron Currie concluded that Halligan’s appointment as interim U.S. Attorney for the Eastern District of Virginia violated laws that limit the ability of the Justice Department to install top prosecutors without Senate confirmation.
“Ms. Halligan has been unlawfully serving in that role since September 22, 2025,” Currie concluded in opinions simultaneously filed Monday in both cases. “All actions flowing from Ms. Halligan’s defective appointment … constitute unlawful exercises of executive power and must be set aside.”
However, Currie dismissed the cases “without prejudice.” That could allow them to be re-filed, but Comey’s attorneys have already indicated that they will argue that he cannot be re-indicted because the statute of limitations in his case expired in September.
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