Former FBI Director James Comey (left) and New York Attorney General Letitia James.

By Michael Mashburn From Daily Voice

A federal judge dismissed the criminal cases against former FBI Director James Comey and New York Attorney General Letitia James, finding that the Trump administration’s hand-picked interim US Attorney was illegally appointed.

In separate rulings in the Eastern District of Virginia Monday, Nov. 24, US District Judge Cameron Currie said the indictments should be dismissed because the appointment of former Trump personal lawyer Lindsey Halligan was invalid and she did not have the authority to present a case to a grand jury.

“And because Ms. Halligan had no lawful authority to present the indictment, I will grant Mr. Comey’s motion and dismiss the indictment without prejudice,” Currie wrote.

A criminal case dismissed “without prejudice” means the case is dismissed for now, but prosecutors are legally allowed to refile charges later if they’re able to.

Comey had been accused of lying to Congress and obstructing a congressional proceeding over his 2020 Senate testimony. James was indicted on charges of bank fraud and making a false statement to a financial institution.

Because Halligan was the only prosecutor to present evidence and sign the indictment, the judge ruled 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.”

Other prosecutors in Halligan’s office had recommended against Charging Comey and James, citing a lack of evidence, NBC News reports.

Trump Pressure Detailed

The opinion also lays out a tight timeline linking Halligan’s appointment to public pressure from President Donald Trump. According to the ruling:

  • US Attorney Erik Siebert, who had raised concerns internally about pursuing charges against Comey and James, resigned on Sept. 19.
  • His resignation came hours after Trump told reporters at the White House he “want[ed] [Mr. Siebert] out,” the judge noted, citing news reports.
  • The next day, Trump posted on social media complaining that “nothing is going to be done” about Comey and other political opponents and boasting, “No, I fired him, and there is a GREAT CASE,” according to the order.
  • “Less than 48 hours” after that post, the Attorney General signed the order “authorizing Lindsey Halligan to be the Interim United States Attorney for the Eastern District of Virginia,” the judge wrote.

Currie did not rule on whether the prosecution was politically motivated, but the detailed timeline underscores the court’s concern about how Halligan was installed.

Judge Rejects DOJ’s Attempts To ‘Fix’ The Problem

After Comey moved to dismiss the indictment, the Justice Department tried to salvage the case.

On Oct. 31, the Attorney General issued a new order saying that, “for the avoidance of doubt,” she was appointing Halligan as a “Special Attorney” effective back to Sept. 22 and “ratify[ing] her employment” and actions before the grand jury. The judge flatly rejected that move.

The Attorney General “has identified no authority allowing [her] to reach back in time and rewrite the terms of a past appointment,” Currie wrote, calling the effort to retroactively give Halligan a different title and authority “ineffective.”

She also shut down the idea that Halligan’s actions could stand under the “de facto officer” doctrine, a legal theory that sometimes protects past decisions when an official’s appointment is later questioned.

That doctrine “has no place when Appointments Clause challenges are involved,” the judge said, citing Supreme Court cases.

Grand Jury Work Tainted, Judge Says

The government also argued that the grand jury’s decision to indict Comey should stand because it was an independent body that reviewed the evidence.

Currie disagreed, stressing how much control prosecutors usually have in grand jury rooms — from choosing witnesses and evidence to explaining the law.

This case presented “the unique, if not unprecedented, situation” of an unconstitutionally appointed prosecutor acting alone before the grand jury, she wrote. That kind of structural problem “defies analysis by harmless-error standards,” she added.

Comey and James React

Shortly after the dismissals, James issued a statement saying she was "heartened by today's victory and grateful for the prayers and support" she's received. 

"I remain fearless in the face of these baseless charges as I continue fighting for New Yorkers every single day," she said.

In a video statement of his own, Comey blasted the prosecution, saying it was "based on malevolence and incompetence, and a reflection of what the Department of Justice has become under Donald Trump, which is heartbreaking."