Judge Dismisses Indictments Against James Comey and Letitia James Over Unlawful Prosecutor Appointment

James Comey leaving federal courthouse

A federal judge on Monday dismissed the indictments against former FBI Director James Comey and New York Attorney General Letitia James, dealing a significant blow to prosecutions that have been shadowed by political controversy. The ruling from U.S. District Judge Cameron McGowan Currie in Alexandria, Virginia, found that the prosecutor who secured the indictments, Lindsey Halligan, was unlawfully appointed to her role.

At the heart of the decision is the legality of Halligan's appointment as interim U.S. attorney. Judge Currie concluded that the appointment, made by the president, violated federal law. According to the judge’s detailed legal analysis, the authority to appoint an interim U.S. attorney in this context rests with the Attorney General, not the White House. Because Halligan lacked the proper legal authority, all actions she took in the capacity of U.S. attorney, including obtaining the grand jury indictments, were rendered invalid. The cases were therefore dismissed without prejudice, which means the two could potentially face charges again if brought by a properly appointed prosecutor.

The indictments had drawn intense scrutiny since they were filed. Comey was charged with lying to Congress, while James faced charges related to her high-profile civil fraud investigation into Donald Trump's business operations. Critics had long argued that the charges against Comey and James were politically motivated retaliations for their respective roles in investigations involving the former president. The dismissal serves as a legal victory for both officials, effectively halting the proceedings against them on procedural grounds before the merits of the cases could be argued.

This outcome follows earlier judicial warnings about the prosecution's handling of the cases. In a separate but related proceeding, another federal judge had previously flagged what he termed a "disturbing pattern of profound investigative missteps" and potential "government misconduct" in the lead-up to the indictment. Monday's ruling, however, focused squarely on the fundamental issue of prosecutorial authority, stopping the cases from moving forward and raising further questions about the legal strategies employed by the prosecution team.