Judge Dismisses Comey, Letitia James Indictments Over Invalid Prosecutor Appointment; DOJ to Appeal

by Emmitt Barry, with reporting from Washington D.C. Bureau Staff

(Worthy News) – A federal judge on Monday dismissed criminal indictments against former FBI Director James Comey and New York Attorney General Letitia James, ruling that the prosecutor who brought the cases — Lindsey Halligan — was never lawfully appointed to serve as interim U.S. attorney.

Judge Cameron McGowan Currie of the U.S. District Court for South Carolina held that “all actions” flowing from Halligan’s appointment as interim U.S. Attorney for the Eastern District of Virginia “were unlawful exercises of executive power and are hereby set aside.”

Currie’s ruling centered on 28 U.S.C. § 546, which limits an attorney general’s interim appointment authority to a single 120-day window. After that window closes, only the district court can appoint an interim U.S. attorney until a Senate-confirmed nominee takes office.

In this case, Currie found that the Trump administration had already exhausted its 120-day authority when Halligan’s predecessor, Erik Siebert, completed his term — meaning Halligan’s installation violated federal law.

Indictments Dismissed, But Statute of Limitations Blocks Any Comey Re-Indictment

Currie dismissed both indictments without prejudice, theoretically leaving the door open for new charges.

But she noted that Comey’s statute of limitations expired Sept. 30, and because Halligan’s initial indictment was “void,” it could not toll the clock.
“There is no legitimate peg on which to hang such a judicial limitations-tolling result,” she wrote.

That means the Justice Department cannot bring Comey’s indictment back, even if it prevails on appeal — a significant blow to the Trump administration’s high-profile effort to prosecute the former FBI director.

Justice Department to Appeal: ‘We Will Hold Them Accountable’

White House press secretary Karoline Leavitt confirmed that the administration will immediately appeal the ruling.

Appearing on Fox News, Leavitt defended Halligan as “extremely qualified,” accused Comey of lying to Congress, and warned him to “pump the brakes on his victory lap.”

Attorney General Pam Bondi offered a blistering response hours later in Memphis.

“We’ll be taking all available legal action, including an immediate appeal, to hold Letitia James and James Comey accountable for their unlawful conduct,” she said.

Bondi asserted that Halligan has now been designated a special U.S. attorney, giving her authority to continue litigating the cases.

Comey, Letitia James Celebrate Court Victory

Comey posted a video to Instagram calling the charges a “prosecution based on malevolence and incompetence, and a reflection of what the Department of Justice has become under Donald Trump.”

James struck a similarly triumphant tone, writing: “I am heartened by today’s victory… I remain fearless in the face of these baseless charges as I continue fighting for New Yorkers every single day.”

Both had previously argued that their indictments were politically motivated attempts by President Trump to punish perceived enemies.

Judge Rejects DOJ’s Attempted ‘Ratification’

The Justice Department argued that even if Halligan was improperly appointed, Attorney General Bondi later “ratified” the indictments — curing any defect.

Currie rejected that claim outright.

“The implications of a contrary conclusion are extraordinary,” she wrote. “It would mean the Government could send any private citizen off the street — attorney or not — into the grand jury room… so long as the Attorney General gives her approval after the fact. That cannot be the law.”

More Legal Hurdles Ahead for DOJ

Even if the administration succeeds on appeal, prosecutors face additional barriers:

• Comey argues the full grand jury never saw the final indictment.
• Both defendants filed motions accusing the DOJ of vindictive prosecution.
• A magistrate judge raised multiple procedural concerns with the case.
• The statute of limitations has expired for Comey’s charges.

Meanwhile, the Third Circuit is weighing a similar challenge to the appointment of acting New Jersey U.S. Attorney Alina Habba, signaling a broader legal crisis surrounding Trump-era interim appointments.

Harmeet Dhillon, Assistant Attorney General for Civil Rights, emphasized on X that Currie’s ruling was “WITHOUT PREJUDICE,” and legal scholar Ed Whelan noted that 18 U.S.C. § 3288 may allow a six-month window for re-indictment after dismissal on appeal — an issue now destined for further litigation.

Latest Worthy News