Mohan Sinha
28 Nov 2025, 23:48 GMT+10
WASHINGTON, D.C.: A federal judge has dismissed criminal charges against two high-profile critics of President Donald Trump—former FBI Director James Comey and New York Attorney General Letitia James—after ruling that the prosecutor assigned to the cases was unlawfully appointed.
The decision effectively halts two cases that Trump had heavily promoted and publicly pressured the Justice Department to pursue.
The prosecutions were being led by Lindsey Halligan, a former personal lawyer to Trump who was appointed interim U.S. Attorney for the Eastern District of Virginia in September. Halligan had no prior prosecutorial background, yet was tasked with overseeing both cases. Comey and James later argued that her appointment violated the Constitution's Appointments Clause and federal law.
U.S. District Judge Cameron McGowan Currie agreed, ruling that Halligan "had no legal authority" to issue indictments against either defendant. She dismissed the cases "without prejudice," meaning prosecutors may attempt to refile charges—if done under an appropriately appointed official. In her ruling, Currie wrote that "all actions flowing from Ms. Halligan's defective appointment" were unlawful and must be voided.
Following the ruling, Attorney General Pam Bondi said the Justice Department planned an immediate appeal, arguing Halligan's status as an exceptional U.S. attorney still gives her power to continue prosecuting. "We believe we will be successful on appeal," Bondi said.
Both defendants welcomed the decision. Abbe Lowell, representing Letitia James, said she will continue challenging what he called politically driven charges. Comey, in an online video, described the prosecution against him as "malevolent and incompetent," adding that it reflected the state of the Justice Department under Trump.
Whether prosecutors can refile the case against Comey remains uncertain. The statute of limitations on the charges expired on September 30, and his legal team argues the window to bring the case has now closed.
Trump's pursuit of both targets goes back years. Comey led the FBI's investigation into possible Russian interference in the 2016 election and later declared Trump unfit for office. James successfully brought a civil fraud case against Trump and the Trump Organization. Both moves made them frequent subjects of Trump's criticism.
Halligan was appointed after her predecessor, Erik Siebert, declined to pursue the charges, citing insufficient evidence. After most career prosecutors refused to participate in the cases, Halligan proceeded alone and secured indictments against both Comey and James. Comey pleaded not guilty to charges of lying to investigators and obstructing Congress. James pleaded not guilty to charges of bank fraud and making false statements.
Defense attorneys argued that Halligan's appointment exceeded legal limits, which allow only one interim U.S. attorney term of 120 days without Senate confirmation. Meanwhile, government lawyers claimed multiple interim appointments are permitted. Judge Currie ultimately rejected efforts to retroactively validate Halligan's authority.
Halligan's handling of the Comey case had already raised judicial concerns, including possible missteps in presenting evidence to the grand jury.
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