Federal Judge Throws Out Indictments of James Comey and Letitia James Over Unlawful Appointment of Prosecutor, a decision that could reshape how interim U.S. attorneys are appointed across the country

A federal judge has thrown out the indictments of former FBI Director James Comey and New York Attorney General Letitia James, finding that the prosecutor who brought the cases, Lindsey Halligan, was unlawfully appointed. The two highly political prosecutions targeted figures frequently criticized by President Donald Trump.

According to a report by NBC News by Dareh Gregorian, Gary Grumbach, and Ryan J. Reilly, U.S. District Judge Cameron Currie ruled that Halligan had “no lawful authority” to present the cases to a grand jury, rendering the indictments void.

Why does this matter for future indictments? In her decision, Judge Currie said she was granting Comey’s motion to dismiss on the grounds that Halligan’s appointment as interim U.S. attorney violated the rules governing the naming of federal prosecutors.

“Because Ms. Halligan had no lawful authority to present the indictment, I will grant Mr. Comey’s motion and dismiss the indictment,” the judge wrote, according to NBC News.

She went on to find that “all actions flowing from Ms. Halligan’s defective appointment, including securing and signing Mr. Comey’s indictment, were unlawful exercises of executive power and are hereby set aside.” The judge described Halligan as “a former White House aide with no prior prosecutorial experience.”

A separate order, based on the same legal reasoning, was issued to dismiss the charges against Letitia James, the high-profile New York attorney general.

Judge Currie emphasized the exceptional nature of the situation. In her ruling, she described it as a “unique, if not unprecedented, situation where an unconstitutionally appointed prosecutor, exercising power she did not lawfully possess, acted alone in conducting a grand jury proceeding and securing an indictment.”

Lindsey Halligan had been appointed interim U.S. attorney for the Eastern District of Virginia at President Trump’s direction, after the forced departure of her predecessor, Erik Siebert. According to NBC News, lawyers for Comey and James argued that, under federal law, once the 120-day limit for a politically appointed U.S. attorney is reached, it is the district judges, not the attorney general, Pam Bondi, who have the authority to select a replacement. (Day 121 after Halligan’s appointment)

For Judge Currie, the issue could not be brushed aside as a mere “paperwork error.” At a joint hearing on Nov. 13, a Justice Department attorney had tried to downplay the appointment issue as purely administrative. Comey’s legal team countered that it was instead a “fatal flaw” that required the entire prosecution to be tossed, NBC News reported. Without lawful authority, every step Halligan took is treated as if it never happened, underscoring the gravity of the situation.

James Comey had been charged with making a false statement to Congress and obstructing a congressional investigation, offenses each carrying a potential sentence of up to five years in prison. Letitia James was facing charges of bank fraud, which could lead to a sentence of up to 30 years, and making a false statement to a financial institution, an offense punishable by up to five years in prison. Both had pleaded not guilty.

NBC News noted that Halligan’s handling of the cases was far from standard practice. A senior prosecutor’s memo stated, ‘The decision to proceed without consulting the experienced members of the team raises significant concerns about the strength of the case.’ Furthermore, senior prosecutors reportedly advised against bringing charges, expressing their belief that the evidence was too weak to secure convictions.

Halligan’s central role in the two cases explains why the irregularity of her appointment led to the dismissal of the indictments in their entirety. The judge stressed that every stage of the process — from the grand jury presentation to the signing of the charging documents — depended solely on Halligan’s now-invalid authority.

As NBC News recalls, Halligan’s appointment drew concerns from the outset. The day before she was named, President Trump had forced Erik Siebert out of his post after Siebert resisted pressure to prosecute Comey, James, and other political adversaries, including Democratic Sen. Adam Schiff.

In a message posted on his social media platform, Trump urged Pam Bondi to take action, complaining that “nothing is being done” against these figures he considered “guilty.” The post, which a source told NBC News was originally intended as a private message to Bondi, was made public.

Five days later, Halligan — an insurance lawyer with no criminal prosecutorial experience — brought the Comey case to a grand jury, just days before the five-year statute of limitations was set to expire.

Both indictments were dismissed without prejudice, meaning prosecutors could, in theory, bring the cases again in the future with a lawfully appointed U.S. attorney. In practice, prosecutors would have to beat the statute-of-limitations clock again, which could present significant challenges. Other legal challenges, however, are still pending.

Lawyers for Comey and James are seeking to have the prosecutions dismissed with prejudice, arguing that they are classic examples of selective and vindictive prosecution driven by political motives. A dismissal with prejudice would permanently bar the government from recharging them on the same counts.

In a statement quoted by NBC News, Letitia James welcomed the ruling. “I am heartened by today’s victory and grateful for the prayers and support I have received from around the country. I remain fearless in the face of these baseless charges as I continue fighting for New Yorkers every single day,” she said.

The Justice Department did not immediately respond to the ruling, NBC News noted.

The fallout from Halligan’s unlawful appointment extends beyond the Comey and James prosecutions. NBC News reports that a similar decision disqualifying Alina Habba as U.S. attorney in New Jersey has thrown several criminal cases into limbo while her appeal is pending.

Other U.S. attorney appointments — challenged on the same grounds related to the 120-day limit and the role of federal judges in extending appointments — have also been invalidated in California and Nevada. The Justice Department is appealing those rulings.

For now, the dismissal of the indictments against James Comey and Letitia James represents a significant setback for the Trump administration, which had used the prosecutions to signal a hard line against perceived political opponents. The final word, however, on the legality of these interim appointments — and on whether some of the cases can be revived — will rest with the appellate courts.