A federal judge dismissed the criminal cases against former FBI Director James Comey and New York Attorney General Letitia James without prejudice on Monday, after ruling that the U.S. Attorney who brought the charges was unlawfully appointed.
U.S. District Judge Cameron McGowan Currie found that Lindsey Halligan had been appointed as interim U.S. Attorney just two days before Comey's case with no prior prosecutorial experience. Her disqualification renders her actions, including the signing of the indictment, legally invalid. It's the latest legal rebuke of the Trump administration’s efforts to target President Donald Trump’s political opponents.
What To Know
- Lawyers for Comey and James has asked the Eastern District of Virginia judge to disqualify Halligan, arguing she was appointed after the previous U.S. attorney’s 120-day window had expired.
- Today's ruling comes after the Justice Department acknowledged that the grand jury that indicted Comey was never shown the final version of the charges. Instead, Halligan had brought an altered version to the magistrate's courtroom for the grand jury's foreperson to sign.
- Comey's attorney, Michael Dreeben, argued this admission meant that there was no indictment against his client and that the statute of limitations meant the chance of securing a new one had collapsed.
- In a separate decision, a federal magistrate cited a pattern of investigative missteps—including potential Fourth Amendment violations, in the grand jury process and said the FBI and prosecutors may have acted recklessly or willfully in ways that undermined the integrity of the proceedings.
- Comey has pleaded not guilty to charges accusing him of making a false statement and obstructing Congress and has denied any wrongdoing. The Justice Department has denied that the prosecution was vindictive or selective and insists that the allegations support the indictment.
- James, a Democrat, has pleaded not guilty to mortgage fraud allegations. Her lawyers have argued that her prosecution is improperly vindictive and motivated by the president’s personal animus.
Stay with Newsweek for the latest updates.
Nov 24, 2025 at 01:17 PM EST
When was U.S. Attorney Lindsey Halligan appointed?
Attorney Lindsey Halligan has served as the interim United States Attorney for the Eastern District of Virginia since September 2025. Halligan has additionally served as a special attorney for the Department of Justice since October 2025.
She was appointed as U.S. Attorney just two days before she appeared before a grand jury to obtain the indictment against James Comey on September 25.
Nov 24, 2025 at 01:15 PM EST
NY attorney general James celebrates court victory
New York Attorney General Letitia James on Monday welcomed a legal victory that dismissed charges brought against her, calling the outcome a reaffirmation of her work on behalf of the state.
“I am heartened by today’s victory and grateful for the prayers and support I have received from around the country,” James said in a statement posted on social media.
She vowed to remain “fearless in the face of these baseless charges” and pledged to continue fighting for New Yorkers “every single day.”
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Nov 24, 2025 at 01:12 PM EST
Judge dismisses cases against Comey, Letitia James
...A federal judge has thrown out criminal cases against former FBI Director James Comey and New York Attorney General Letitia James, ruling that the prosecutor who filed them at President Donald Trump’s urging was unlawfully appointed.
U.S. District Judge Cameron McGowan Currie said the Justice Department’s installation of prosecutor Lindsey Halligan violated appointment rules, making her the latest Trump‑era lawyer disqualified on those grounds.
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