(WASHINGTON) — A federal judge has dismissed the criminal cases against former FBI Director James Comey and New York Attorney General Letitia James on the grounds that the appointment of the U.S. attorney who brought the indictments was invalid.
The judge dismissed the charges without prejudice, meaning the cases could potentially be refiled by an appropriately appointed U.S. attorney.
U.S. District Judge Cameron McGowan Currie concluded that the appointment of Interim U.S. Attorney Lindsey Halligan was unconstitutional and that her actions bringing the case were “unlawful” and “ineffective.”
“Because Ms. Halligan had no lawful authority to present the indictment, I will grant Mr. Comey’s motion and dismiss the indictment without prejudice,” she wrote.
Halligan, Trump’s handpicked U.S. attorney for the Eastern District of Virginia, sought the indictment of Comey and James over the objections of career prosecutors after Trump forced out previous U.S. attorney Erik Siebert who sources said had resisted bringing the cases.
Halligan, who had no experience as a prosecutor, sought the indictment after Trump, in a social media post, called on Attorney General Pam Bondi to act “NOW!!!” to prosecute Comey, James and Rep. Adam Schiff.
Comey pleaded not guilty in October to one count of false statements and one count of obstruction of a congressional proceeding related to his testimony before the Senate Judiciary Committee in 2020, amid what critics call Trump’s campaign of retribution against his perceived political foes.
Vice President JD Vance has said any such prosecutions are “driven by law and not by politics.”
James, who successfully brought a civil fraud case against Trump last year and leads multiple lawsuits challenging his administration’s policies, pleaded not guilty in October to charges that she committed mortgage fraud related to a home she purchased in 2020.
Prosecutors said she falsely described a property she purchased in Norfolk, Virginia, as a second home instead of an investment property in order to obtain a lower mortgage rate. James said she purchased the property for her great-niece and allowed her and her children to live in the house rent-free.
“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 following the ruling. “I remain fearless in the face of these baseless charges as I continue fighting for New Yorkers every single day.”
With the statute of limitations for Comey’s case set to expire, it is unclear whether the case will be filed in time. Lawyers for Comey have argued that the statute of limitations has already run out.
This is a developing story. Please check back for updates.
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