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

[LetMyPeopleVote]

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."

[H2O Man]

1. Recommended.

Good news! I would not want to be near the felon today.

[benfranklin1776]

4. Great news!

The only just and right conclusion based on the controlling law. So yah Donnie the law still applies to you, your efforts to flush it and our democracy down the toilet along with the classified documents you stole be damned! ✊🏼And yes, lock down all ketchup within his feeble grasp immediately!

[H2O Man]

9. A few DUers

had noted yesterday that Pam Bondi seemed to have her tail between her legs recently. I think she will be gone in a relatively short time. Someone has to take the blame for the felon's failures!

[MarineCombatEngineer]

11. So far, she's 0 for ?, I can't even keep track of how many cases have been dismissed, found not guilty,

or otherwise.

[H2O Man]

12. Earlier this year,

I saw two former federal prosecutors discussing her on a podcast. When her name came up, they looked at each other and laughed. Both of them knew her. One said, "Let's just say she wasn't picked for her intelligence or ability."

[benfranklin1776]

15. True that!

Couldn’t happen to a more deserving bootlicker!

[AZJonnie]

2. Bu bu but what about the letter from her boss-lady telling the judges to accept that she was a for-real prosecutor

and that they need to stop saying she's not? What happened with that?

[H2O Man]

10. It may be

an issue that Pam has to answer for.

[sinkingfeeling]

3. TSF's regime will appeal before nightfall.

[UTUSN]

5. Meidas says Limitations *expired* for COMEY, not for JAMES.

[dickthegrouch]

6. But why not dismiss with prejudice?

Finish it once and for all, plus putting blondie on notice that incompetence carries a much more impactful consequence. Especially when perpetrated by people with such enormous power.

[Jersey Devil]

8. This

18 U.S.C. § 3288 grants six months to re-charge after an indictment is dismissed "for any reason."

That certainly is at least an arguable basis for seeking a new indictment against Comey though the SL has run.

With James, there is no real argument. She can be re-indicted by a properly installed US Attorney.

[RedWhiteBlueIsRacist]

7. LOL@MAGA

[LetMyPeopleVote]

13. Judge Currie basically slams the door on re-indicting Comey here.

The statute of limitations has run.

Link to tweet

Comey will still have to respond the upcoming appeal but he should get a final judgement at some point

[brer cat]

14. Good news!!!

[LetMyPeopleVote]

16. 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.”