A federal judge Nov. 24 threw out criminal charges against former FBI Director James Comey and New York Attorney General Letitia James, ruling that the Trump administration improperly installed the prosecutor who brought the cases.
U.S. District Judge Cameron Currie of Virginia’s Eastern District dismissed both indictments “without prejudice,” leaving the door open for prosecutors to refile the charges if a lawfully appointed U.S. attorney takes over.
The decision centered on the appointment of Lindsey Halligan, an insurance lawyer and former Trump White House aide whom Attorney General Pam Bondi appointed interim U.S. attorney in September after the previous acting attorney resigned.
Comey’s and James’ attorneys argued that Bondi no longer had authority to make that appointment because the 120-day window for the Department of Justice (DOJ) to name an interim U.S. attorney had already expired. Once that period lapses, federal law shifts the power to the district’s judges.
“In light of these principles, I conclude that all actions flowing from Ms. Halligan’s defective appointment, including securing and signing Mr. Comey’s indictment, constitute unlawful exercises of executive power and must be set aside,” Currie wrote.
The judge repeated the same finding in dismissing the case against James.
Comey was indicted Sept. 25 on two charges — lying to Congress and obstruction of justice — over his 2020 testimony to Congress, as CatholicVote previously reported. He pleaded not guilty. Earlier this month, U.S. Magistrate Judge William Fitzpatrick ordered the DOJ to turn over grand jury materials to Comey, citing possible misconduct by Halligan and outlining seven errors he tied to her handling of the case.
James, a Democrat, faced two felony counts of bank fraud and making false statements to a financial institution. She pleaded not guilty Oct. 24, as CatholicVote reported.
In a statement responding to Currie’s order, James said she is “heartened by today’s victory and grateful for the prayers and support I have received from around the country.”
White House spokesperson Abigail Jackson said in a statement that the ruling does not resolve the underlying allegations.
“The facts of the indictments against Comey and James have not changed,” Jackson said, according to NBC News, “and this will not be the final word on this matter.”
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