A federal judge dismissed the criminal cases against former FBI Director James Comey and New York Attorney General Letitia James Monday, finding that interim US Attorney Lindsey Halligan was improperly appointed to her position and “had no lawful authority” to secure indictments of either of President Trump’s longtime enemies.
Attorneys for both Comey and James had argued that Halligan had to be confirmed by the Senate after Attorney General Pam Bondi used up her allotted 120-day interim appointment on Erik Siebert, who resigned Sept. 19 after President Trump publicly criticized him for not bringing charges against the former head of the FBI.
Criminal cases against ex-FBI Director James Comey and New York Attorney General Letitia James were tossed Monday. Getty Images
It was found that interim US Attorney Lindsey Halligan was improperly appointed to her position. Getty Images
Both indictments were dismissed without prejudice, which typically means that the cases can be brought again.
However, the ruling by senior US District Judge Cameron Currie comes after the expiration of the five-year statute of limitations against Comey, meaning the case against him cannot be reopened.
“I am heartened by today’s victory and grateful for the prayers and support I have received from around the country,” James, who faced up to 60 years in prison on charges of bank fraud and making false statements to a financial institution.
“I remain fearless in the face of these baseless charges as I continue fighting for New Yorkers every single day.”’
New York Attorney General Letitia James addresses reporters outside the Walter E. Hoffman United States Courthouse in Norfolk, Virginia, on October 24, 2025. Luiz C. Ribeiro for New York Post
Currie, a former South Carolina federal judge appointed to the bench by President Bill Clinton, heard arguments in the case Nov. 13 and indicated she was sympathetic to the defendants.
James’ defense attorney Abbe Lowell argued that the government’s position on appointments would give the Trump administration the “perpetual ability” to appoint prosecutors without the Senate having to fulfill its “advise and consent” function.
Under that theory, “even a person like Steve Bannon or Elon Musk” could have overseen the grand jury proceedings against Comey and James as Halligan did, Lowell contended.
US Attorney Lindsey Halligan with President Trump at the US Open in September. GC Images
At one point in the hearing, Judge Currie asked prosecutor Henry Whitaker whether a Florida judge had erred in dismissing a case against Trump on charges of hoarding national security documents at his Mar-a-Lago resort — on the grounds that then-special counsel Jack Smith was unconstitutionally appointed by then-US Attorney General Merrick Garland.
“Do you believe that US versus Trump was wrongly decided?” Currie asked, to excited whispers from some in the courtroom gallery.
Halligan, a former pageant queen, had also worked in the White House before her appointment as interim US attorney for the Eastern District of Virginia.
Monday’s order will likely prompt an appeal process that could lead to three other prominent acting US attorneys — New Jersey’s Alina Habba, Sigal Chattah of Nevada and Bill Essayli of Los Angeles — leaving their posts.
All three have been in the job for more than 120 days, and have not been confirmed.
James, 67, was accused of buying a three-bedroom, one-bathroom home in Norfolk, Va. on Aug. 17, 2020, using a $109,600 loan.
James allegedly said she would be the “sole borrower to occupy and use the property,” when in reality her grandniece lived there and paid rent, the feds claimed.
Comey, 64, was charged with lying to Congress and obstruction of justice for statements in a Sept. 30, 2020, Senate Judiciary Committee hearing about leaks to the press involving high-profile agency probes.
Both Comey and James had pleaded not guilty and claimed they have been targeted by Trump because of their past investigations into him.
Lawyers for Comey didn’t immediately return requests for comment Monday. A spokesperson for Halligan’s office also did not respond to a request for comment.
This is a developing story, refresh for updates.