WASHINGTON (TNND) — The indictments of both former FBI director James Comey and New York State Attorney General Letitia James were tossed away on Monday.

What do both these cases have in common? They were brought forward by the interim U.S. attorney, Lindsey Halligan.

The cases were thrown away because a judge said Halligan was appointed illegally. Halligan is a former aide to President Donald Trump and has no prosecutorial experience.

Halligan’s appointment was granted by Attorney General Pam Bondi to become the interim U.S. attorney on Sept. 22.

The Trump administration is refuting the illegal appointment ruling and Bondi is ready to appeal the case.

We will be taking all available legal action, including an immediate appeal to hold Letitia James and James Comey accountable,” Bondi said.

Former U.S. Attorney John P. Fishwick Jr. told The National News Desk he thinks that both cases will be brought to the Supreme Court.

So this case is headed to the Supreme Court for both James and Comey,” Fishwick said.

“The DOJ will appeal to what’s called the Fourth Circuit Court of Appeals in Richmond, and they’ll do that probably right away. And remember, whoever loses at the Fourth Circuit Court of Appeals is likely to appeal to the Supreme Court. This is a case that they’ll want to hear,” Fishwick added.

Comey was indicted on charges of allegedly lying in testimony to Congress five years ago. Because what he is being indicted on occurred five years ago, there is a chance a statute of limitations could impact a potential re-indictment. However, a Supreme Court decision would protect the Justice Department from that, Fishwick said.

There’s a catch-all statute that will give DOJ 60 more days after the Supreme Court decision to re-indict Comey, and therefore, it wouldn’t be in violation of the statute of limitations. This saving statute will protect them in this situation. So the case would not be time-barred against Comey at all,” Fishwick said.

In the James case, which alleges mortgage fraud, Fishwick expects the DOJ to re-indict James within 60 days of a Supreme Court decision.