Judge Dismisses Cases Against Comey and James, Citing Unlawful Prosecutor Appointment

United States Department of Justice building night

A federal judge has dismissed the criminal cases against former FBI Director James Comey and New York Attorney General Letitia James, delivering a significant setback to prosecutions initiated at the urging of President Donald Trump. On Monday, U.S. District Judge Cameron McGowan Currie ruled that the prosecutor who brought the charges, Lindsey Halligan, had been illegally appointed and was unlawfully serving as the interim U.S. attorney for the Eastern District of Virginia.

In her ruling, Judge Currie stated that all actions stemming from Halligan's "defective appointment" were "unlawful exercises of executive power and are hereby set aside." The decision concluded that Halligan's appointment violated federal vacancy laws. The Trump administration had installed Halligan, a former personal lawyer for Trump with no prior prosecutorial experience, after her predecessor, veteran prosecutor Erik Siebert, resigned. Siebert reportedly stepped down amid pressure from the administration after he raised concerns about the lack of sufficient evidence to charge Comey and James. The judge's decision invalidates the indictments but dismisses them without prejudice, theoretically allowing the Justice Department to refile charges.

Comey was indicted on charges of making a false statement to Congress and obstruction, while James faced accusations of bank fraud. Both have maintained their innocence, arguing the prosecutions were politically motivated. Defense motions highlighted the unconventional circumstances of the cases, pointing to Halligan's appointment as an attempt to bypass established legal procedures to target political opponents. The cases against Comey and James had been plagued by irregularities, including what a judge described as "fundamental misstatements of the law" made by Halligan to the grand jury in Comey's case.

The indictments were secured just days after Halligan was sworn in, following public statements by President Trump demanding action against his perceived foes. Critics had previously argued that the prosecution was tainted by political interference from its inception. An analysis published before the dismissal noted that the indictment against Comey appeared weak and rushed, potentially failing to meet the standards for a sustainable conviction. Following the dismissal, Comey called the case "a prosecution based on malevolence and incompetence," while James said she remained "fearless in the face of these baseless charges."