A federal judge found interim U.S. Attorney Lindsey Halligan’s appointment unlawful on Monday.
Judge Cameron Currie dismissed cases against former FBI Director James Comey and New York Attorney General Letitia James, who both challenged Halligan’s appointment.
“I agree with Mr. Comey that the Attorney General’s attempt to install Ms. Halligan as Interim U.S. Attorney for the Eastern District of Virginia was invalid,” the Clinton-appointed judge wrote. “And because Ms. Halligan had no lawful authority to present the indictment, I will grant Mr. Comey’s motion and dismiss the indictment without prejudice.”
Currie held that Halligan’s appointment violated the federal statute allowing the attorney general to make temporary appointments, as well as the Constitution’s Appointments Clause. She dismissed the cases without prejudice, meaning the government could still refile charges later.
BREAKING: A judge has dismissed cases against former FBI Director James Comey and NY AG Letitia James, finding interim U.S. Attorney Lindsey Halligan’s appointment unlawful. pic.twitter.com/RreDQ0g2ws
— Katelynn Richardson (@katesrichardson) November 24, 2025
Should the judge's dismissal of the indictments against James Comey and Letitia James be upheld?
Halligan took over the Eastern District of Virginia U.S. Attorney’s office after the previous head, Erik Siebert, resigned under reported pressure from Trump to bring charges. She secured an indictment against Comey just days after taking the role, as the statute of limitations on the charges was about to expire.
Comey was indicted on two counts for allegedly making false statements to Congress and obstructing a congressional investigation. James faced two counts for bank fraud and making false statements to a financial institution.
Currie also rejected Attorney General Pam Bondi’s effort to ratify Halligan’s actions after the fact by naming her a “Special Attorney” with authority to conduct any legal proceeding in the Eastern District of Virginia. Bondi signed the order Oct. 31 to avoid any “doubt as to the validity” of her appointment.
“It would mean the Government could send any private citizen off the street — attorney or not — into the grand jury room to secure an indictment so long as the Attorney General gives her approval after the fact,” Currie wrote. “That cannot be the law.”
Comey said in a video statement that he was “inspired by the example” of career prosecutors who “refused to be a part of this travesty.”
“I know that Donald Trump will probably come after me again, and my attitude is gonna be the same: I’m innocent. I am not afraid. And I believe in an independent federal judiciary, a gift from our founders that protects us from a would-be tyrant,” he said.
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