A United States federal judge on Monday dismissed the criminal indictments against former FBI Director, James Comey and New York Attorney General, Letitia James, ruling that prosecutor Lindsey Halligan was unlawfully appointed and therefore lacked the authority to bring the cases.
U.S. District Judge Cameron Currie found Halligan’s appointment invalid, writing, “Because Ms. Halligan had no lawful authority to present the indictment, I will grant Mr. Comey’s motion and dismiss the indictment,” and adding that “all actions flowing from Ms. Halligan’s defective appointment… were unlawful exercises of executive power and are hereby set aside.” She issued a similar ruling in James’ case, calling it “the unique, if not unprecedented, situation where an unconstitutionally appointed prosecutor… acted alone in conducting a grand jury proceeding and securing an indictment.”
Halligan, a former Trump attorney with no prosecutorial experience — was the sole prosecutor who presented both cases to a grand jury and signed the indictments shortly after Trump forced out U.S. attorney Erik Siebert.
Defense lawyers argued that Siebert’s removal meant judges, not the attorney general, had authority to appoint a replacement.
Attorney General Pam Bondi said the DOJ will appeal, calling Halligan “an excellent” attorney, while the White House insisted, “Lindsey Halligan was legally appointed.”
Comey said on Instagram, “I’m grateful that the court ended the case against me… a prosecution based on malevolence and incompetence,” adding, “the president of the United States cannot use the Department of Justice to target his political enemies.” He said, “I know that Donald Trump will probably come after me again… I’m innocent. I am not afraid.”
Bondi pushed back, saying she was “not worried about someone who has been charged with a very serious crime,” calling his alleged actions “a betrayal of public trust.”
James celebrated the ruling, saying, “I am heartened by today’s victory… I remain fearless in the face of these baseless charges.”
Her attorney Abbe Lowell said the order “acknowledges what’s been clear… the President went to extreme measures” to bring the charges.
The indictments were dismissed “without prejudice,” though Comey attorney Patrick Fitzgerald said the voided indictments mean “the statute of limitations has run and there can be no further indictment.”
The DOJ argues a six-month refiling period applies, while Comey’s team says it does not because Halligan “didn’t have the power to bring an indictment to begin with” — a position the judge agreed with.
Legal scholar Carl Tobias said overturning the ruling will be difficult for the government.
The decision could affect other cases involving Halligan and other interim U.S. attorneys appointed under the same disputed 120-day rule.
Halligan was appointed days after Trump publicly demanded prosecutions of Comey, James, and Rep. Adam Schiff, telling Bondi, “We can’t delay any longer,” while praising Halligan as “a really good lawyer.”
Comey had been charged with making false statements and obstructing Congress, while James faced bank fraud and false statement charges. Both pleaded not guilty.
