A federal judge has dismissed the Justice Department’s criminal cases against former FBI Director James Comey and New York Attorney General Letitia James, ruling that the acting U.S. attorney who brought the indictments was unlawfully appointed.
In a pair of decisions issued Monday, U.S. District Judge Cameron McGowan Currie found that Acting U.S. Attorney Lindsey Halligan lacked legal authority to initiate the prosecutions.
“All actions flowing from Ms. Halligan’s defective appointment were unlawful exercises of executive power and are hereby set aside,” Currie wrote.
The judge dismissed both cases without prejudice, leaving open the possibility that the Justice Department could refile charges—though legal experts noted that timing issues, including statutes of limitations, may limit that option.
Halligan’s Appointment at Issue
President Trump appointed Halligan as acting U.S. attorney for the Eastern District of Virginia after removing her predecessor, who had raised concerns about charging both Comey and James.
Before the appointment, Halligan worked as an insurance attorney, served as a White House aide, and later acted as Trump’s personal lawyer during his return to office after the 2024 election.
Halligan was sworn in on September 22, 2025, and secured a two-count indictment against Comey three days later, just before the statute of limitations was set to expire.
White House Pushes Back
The White House quickly criticized the judge’s ruling. Press secretary Karoline Leavitt, speaking on Fox News, defended Halligan’s appointment and the decision to prosecute.
“Everybody knows James Comey lied to Congress… this judge took an unprecedented action to throw these cases out to shield James Comey and Letitia James from accountability based on a technical ruling,” Leavitt said.
“We believe that the attorney in this case… was legally appointed, and I know the Department of Justice will be appealing this in very short order.”
Reactions From Defendants
Comey welcomed the dismissal, calling the case politically driven.
“I’m grateful that the court ended the case against me, which was a prosecution based on malevolence and incompetence,” he said.
Comey’s attorney, Patrick Fitzgerald, said the ruling confirms that Halligan “had no authority whatsoever to be the United States Attorney.”He added that because the indictment is void, the statute of limitations has now effectively expired.
“The statute of limitations has run and there can be no further indictment,” Fitzgerald claimed.
