BREAKING: Comey and James cases dismissed without prejudice. Halligan invalidly appointed, judge rules.

[In It to Win It]

BREAKING: Comey case dismissed without prejudice. Halligan invalidly appointed, judge rules. storage.courtlistener.com/recap/gov.us...

— Kyle Cheney (@kyledcheney.bsky.social) 2025-11-24T17:36:58.237Z

BREAKING: Judge rules Lindsey Halligan's appointment was not valid, thus, she had no authority to present the James Comey or Letitia James indictments and the indictments are dismissed without prejudice.

— Chris Geidner (@chrisgeidner.bsky.social) 2025-11-24T17:47:40.348Z

One thing this pair of dismissals doesn't address, which may be moot unless and until the Trump administration decide to refile these cases, is whether they amount to vindictive and selective prosecutions.

Now dismissed, I imagine the judge won't touch that issue.

— Cristian Farias (@cristianfarias.com) 2025-11-24T17:53:49.026Z

[hlthe2b]

1. meh... He (or another judge, I forget how many are involved now) needed to rule on the other issues.

They can just refile now.

[sop]

2. Dismissed "Without Prejudice." And the five-year statute of limitations for the charges against Comey expired

on September 30, 2025. Trump's DOJ flunkies will have to invent another "crime" within the statute of limitations so they can indict Comey again.

[NCDem47]

4. and they'll do it.

Optics be damned.

[Bluetus]

5. The judge avoided ruling on the issue of the grand jury abuses

I wish the judge would have included that in the judgment and called for sanctions against this incompetent lawyer.

[Jersey Devil]

9. Different judge

Those issues are before a different judge.

[Jersey Devil]

8. No, he can be re-indicted on the same charges

The statute of limitations does not bar re-indicting him within 6 months of the dismissal.

Of course, if he wins a ruling that the prosecution was vindictive or never properly presented to the GJ that may be another story since it may be a dismissal with prejudice. Since the indictment has already dismissed though, that case may now be moot and no ruling rendered.

[sop]

11. You're right, that could happen.

[Tommy Carcetti]

3. Wouldn't Comey's be in effect with prejudice?

Given the expiration of the statute?

[In It to Win It]

7. Seems so.

MORE: Judge Currie basically slams the door on re-indicting Comey here. She notes that "there is no legitimate peg" to extend the expired Sept. 30 statute of limitations. The window for James is a little wider. www.politico.com/news/2025/11...

— Kyle Cheney (@kyledcheney.bsky.social) 2025-11-24T18:06:35.537Z

[LetMyPeopleVote]

6. Judge dismisses cases against James Comey and Letitia James after finding prosecutor was unlawfully appointed

This makes me smile

BREAKING: Judge dismisses cases against former FBI Director James Comey and New York Attorney General Letitia James after finding prosecutor was unlawfully appointed.

— NBC News (@nbcnews.com) 2025-11-24T17:49:03Z

https://www.nbcnews.com/politics/justice-department/judge-dismisses-cases-james-comey-letitia-james-finding-prosecutor-was-rcna244775

A federal judge dismissed the criminal indictments against former FBI Director James Comey and New York Attorney General Letitia James after finding the prosecutor who brought the cases was not lawfully appointed.

"I agree with Mr. Comey that the Attorney General’s attempt to install Ms. Halligan as Interim U.S. Attorney for the Eastern District of Virginia was invalid. And because Ms. Halligan had no lawful authority to present the indictment, I will grant Mr. Comey’s motion and dismiss the indictment," U.S. District Judge Cameron Currie wrote in her ruling, finding the indictment should be tossed because the appointment of former Donald Trump personal lawyer Lindsey Halligan was invalid and she'd lacked the authority to present a case to a grand jury.

She issued a separate ruling dismissing the James case.

Because Halligan, who'd been appointed interim U.S. attorney for the Eastern District of Virginia at Trump's direction, was the only prosecutor to present the cases and sign the indictments, the indictments should be voided, the judge found.

The ruling could have major ramifications for other prosecutions brought by Halligan’s office during her tenure. A similar ruling disqualifying Alina Habba as the New Jersey U.S. Attorney has resulted in a number of criminal cases brought under her leadership being stuck in legal limbo while she appeals the decision.

Currie seemed largely skeptical of the Justice Department's position at a rare joint hearing on the issue with lawyers for Comey and James on Nov. 13, where a prosecutor portrayed questions about Halligan's appointment as "a paperwork error."

[underpants]

10. Put Pirro on the case. She can retroactively failed to get an indictment from the grand jury

She’s remarkably good at that.

Link to tweet

?s=46&t=3VBm1LJ8j8qLp6JTs_8J2A

[Fiendish Thingy]

12. Good. Now disbar Halligan. Nt

[Zambero]

13. "Stupid is as stupid does"

Multiple layers of stupidity here. Forest Gump certainly knew what he was talking about!

[LetMyPeopleVote]

14. Deadline Legal Blog-Judge dismisses Comey and James indictments, says Halligan unlawfully appointed

James Comey and Letitia James both challenged the legality of Halligan’s installation. It’s one of several issues in their cases.

Judge dismisses Comey and James indictments, says Halligan unlawfully appointed
www.ms.now/deadline-whi...

— Jeff Johnson (@liberalarkie.bsky.social) 2025-11-24T18:16:47.495Z

https://www.ms.now/deadline-white-house/deadline-legal-blog/james-comey-james-indictments-dismissed-lindsey-halligan-unlawfully-appointed

A federal judge has ruled that Lindsey Halligan was unlawfully appointed as the interim U.S. attorney for the Eastern District of Virginia, leading the judge to dismiss the indictments of former FBI Director James Comey and New York Attorney General Letitia James.

The indictments are dismissed “without prejudice,” meaning they could theoretically be brought again by a lawful prosecutor.

White House Press Secretary Karoline Leavitt said the DOJ will appeal. James’ lawyer said they “will continue to challenge any further politically motivated charges through every lawful means available.” Comey said his prosecution was “based on malevolence and incompetence.”

U.S. District Judge Cameron McGowan Currie issued similar separate opinions on Monday in Comey’s and James’ cases explaining her decision.....

The appointment issue is just one of several motions to dismiss that Comey and James have raised in their respective cases, another big one being vindictive prosecution. The appointment issue required an out-of-district judge to handle, and the matter fell to Currie, a South Carolina judge who held a joint hearing with Comey’s and James’ lawyers and the DOJ before issuing her ruling.

Judges around the country had previously deemed unlawful the attempted installations of other lawyers to lead prosecutors’ offices in the Trump Justice Department, including Alina Habba in New Jersey. Yet that still hasn’t led to defendants being able to dismiss their cases as a result of that illegality.

“The official who purported to secure and sign the indictment was invalidly appointed to her position as interim U.S. Attorney. Because of that fundamental constitutional and statutory defect, the indictment is a nullity and must be dismissed,” Comey’s lawyers wrote in his motion to dismiss, adding that dismissal should be permanent “in order to deter the government’s willfully unlawful conduct.” Likewise in her motion, James’ lawyers wrote that dismissal is warranted because “there is no evidence that any other government attorney played a role in securing the indictment.”