A federal judge has dismissed the criminal cases against former FBI Director James Comey and New York Attorney General Letitia James, ruling that the prosecutor who secured their indictments, Lindsey Halligan, was unlawfully appointed as interim U.S. attorney.
Judge Cameron Currie found that Halligan’s appointment violated federal law and the Constitution’s Appointments Clause. Because her appointment was invalid, all actions she took — including presenting the cases to grand juries and signing the indictments — must be thrown out.
The judge dismissed the charges without prejudice, meaning they could technically be filed again, but she noted that the statute of limitations has already expired in Comey’s case.
Halligan, a former Trump defense attorney, was placed in the role by Attorney General Pam Bondi after the prior U.S. attorney’s term expired. Currie ruled that Bondi lacked authority to install her, since the 120-day period for attorney general–appointed interim prosecutors had already passed, shifting appointment power to the district court.
The Justice Department attempted to retroactively validate Halligan’s work by naming her a special attorney, but the judge rejected that move.
Both Comey and James have argued their prosecutions were politically motivated. James called the ruling a “victory” and reaffirmed her commitment to serving New Yorkers.
The Justice Department is expected to appeal.