A federal judge on Monday dismissed the Justice Department's criminal cases against former FBI Director James Comey and New York Attorney General Letitia James, finding that acting U.S. Attorney Lindsey Halligan who secured the indictments against the two prominent critics of President Trump was unlawfully appointed (article available here).
In dual rulings, the court said "all actions flowing from Ms. Halligan's defective appointment," including the indictments against Comey and James, "were unlawful exercises of executive power and are hereby set aside."
Trump tapped Halligan to serve as acting U.S. Attorney for the Eastern District of Virginia after he pushed out the previous top prosecutor, who had expressed doubts about bringing charges against both Comey and James.
Halligan, who has no previous prosecutorial experience, is a former insurance attorney who once served as Trump's personal lawyer before his return to office, when she joined his administration as a White House aide. She was sworn in as acting U.S. attorney on Sept. 22, 2025. Days before she was sworn into the role, Trump in a social media post called on Attorney General Pam Bondi to prosecute Comey, James and California Democratic Sen. Adam Schiff.
Three days later, Halligan secured a two-count criminal indictment against Comey, just days before the statute of limitations expired. Two weeks later, Halligan secured an indictment against James on charges of bank fraud and false statements to a financial institution.
Both James and Comey have maintained their innocence throughout.
The cases were dismissed without prejudice, meaning the Justice Department may be able to bring those cases again.
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