A federal judge has dismissed the criminal cases against James Comey and Letitia James after ruling that the prosecutor who brought the charges was unlawfully appointed.
A federal judge has dismissed the criminal cases against former Federal Bureau of Investigation (FBI) director James Comey and New York Attorney General Letitia James, marking a setback to United States President Donald Trump’s attempts to prosecute political rivals.
District Judge Cameron Currie ruled that the charges could not stand because the United States attorney appointed by Trump to bring them had been installed unlawfully. Comey, 64, had been charged in September with making false statements to Congress and obstructing a congressional proceeding, while James, 67, who previously secured a fraud conviction against Trump, was indicted the following month on one count of bank fraud and another of making false statements to a financial institution.
Judge cites defective appointment
Both indictments were issued by interim United States Attorney Lindsey Halligan, described by Currie as a former White House aide with no prior prosecutorial experience. Currie held that Halligan’s appointment was invalid because top federal prosecutors require Senate confirmation, and United States law does not allow two consecutive interim appointments, noting that Halligan’s predecessor had also been serving in an acting capacity.
The judge stated that all actions arising from Halligan’s appointment, including the Comey indictment, were unlawful exercises of executive power and dismissed both cases without prejudice. This allows the possibility of refiling, though the statute of limitations in the Comey case may have elapsed.
The indictments followed the departure of interim
United States Attorney Erik Siebert, who reportedly told Justice Department leaders there was insufficient evidence. Attorney General Pam Bondi replaced Siebert with Halligan, who went on to secure the charges. Comey and James had also argued that the prosecutions were vindictive, an issue considered by a different judge.
Comey reacts
Comey welcomed the dismissal in an Instagram post, saying the case was rooted in ‘malevolence and incompetence’ and stressing that a president must not use the Department of Justice to target political opponents. He urged Americans to stand up for the rule of law. White House Press Secretary Karoline Leavitt said the Justice Department will appeal the rulings and suggested Comey should not celebrate prematurely. James also welcomed the dismissal and said she would remain fearless in the face of what she called baseless charges.
After Trump left office in 2021, James won a civil fraud case against him, alleging that he and his real estate company inflated his wealth and manipulated property values to secure favourable bank loans or insurance terms. Comey, appointed by president Barack Obama in 2013 and dismissed by Trump in 2017 amid an inquiry into potential links between Trump campaign members and Moscow, was charged shortly after Trump publicly urged Bondi to act against him and others he viewed as adversaries.
Since taking office in January, Trump has removed officials he considered disloyal, targeted law firms involved in previous cases against him, and withdrawn federal funding from universities. Another Trump critic, former national security advisor John Bolton, has been indicted for allegedly transmitting and retaining classified information. Separately, the Pentagon said it was considering a court-martial against Democratic senator and former astronaut Mark Kelly after he appeared in a video urging troops to refuse unlawful orders.
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