A federal judge on Monday dismissed the criminal indictments against both former FBI Director James Comey and New York Attorney General Letitia James, ruling that interim U.S. Attorney Lindsey Halligan—a former White House aide with no prior prosecutorial experience—was unlawfully appointed in violation of federal law and the Constitution’s Appointments Clause.

Senior U.S. District Judge Cameron McGowan Currie issued twin opinions that Halligan had no lawful authority to present either case to a grand jury or sign the indictments. 

James Comey was indicted on September 25, 2025, on two counts: making false statements to Congress and obstructing a congressional proceeding. The charges stemmed from testimony Comey gave during a September 30, 2020, Senate Judiciary Committee hearing examining his management of the Crossfire Hurricane investigation into connections between Russia and Trump’s 2016 presidential campaign. During that hearing, Senator Ted Cruz asked whether Comey had permitted anyone at the FBI to act as an anonymous source in news articles.​​

The indictment was filed just five days before the five-year statute of limitations was set to expire on September 30, 2025.

Letitia James was indicted on October 9, 2025, on two counts: bank fraud and making false statements to a financial institution. The charges alleged she falsely claimed a Norfolk, Virginia property she purchased in 2020 would be used as a secondary residence to secure a more favorable mortgage rate. James pleaded not guilty and maintained she purchased the property for her great-niece, who lived there rent-free with her children.

Judge Currie found that Attorney General Pam Bondi’s authority to appoint an interim prosecutor had already expired when Halligan was installed.​

Under 28 U.S.C. § 546, the Attorney General may appoint an interim U.S. Attorney for only 120 days after a vacancy occurs. After that period expires, the authority to make interim appointments shifts exclusively to the district court until a Senate-confirmed nominee takes office.​

The 120-day clock began on January 21, 2025, when Erik Siebert was appointed interim U.S. Attorney following the resignation of Biden-appointed U.S. Attorney Jessica Aber. When that 120-day term expired in May, the district court exercised its statutory authority and appointed Siebert to continue in the role.​

Siebert resigned on September 19, 2025, hours after President Trump told reporters he “want[ed] him out.” 

Trump posted a message on Truth Social that appeared to be a direct instruction to Attorney General Bondi to proceed with prosecutions. The post stated: “Pam: I have reviewed over 30 statements and posts saying that, essentially, ‘same old story as last time, all talk, no action. Nothing is being done. What about Comey, Adam “Shifty” Schiff, Leticia??? They’re all guilty as hell, but nothing is going to be done.'”​

Trump continued: “We can’t delay any longer, it’s killing our reputation and credibility. They impeached me twice, and indicted me (5 times!), OVER NOTHING. JUSTICE MUST BE SERVED, NOW!!!”​

Less than 48 hours after this post, Bondi appointed Halligan as interim U.S. Attorney.

Beyond the statutory violation, Judge Currie ruled that Halligan’s appointment also violated the Constitution’s Appointments Clause. Because Halligan “was not appointed (1) by the President with the advice and consent of the Senate or (2) through a process Congress has authorized by statute,” her exercise of prosecutorial power was unconstitutional.​

The court found that “all actions flowing from Ms. Halligan’s defective appointment, including securing and signing” the indictments, “constitute unlawful exercises of executive power and must be set aside.”

While both cases were dismissed without prejudice—theoretically allowing prosecutors to seek new charges through a lawfully appointed prosecutor—the practical implications differ significantly.​​

For Comey, the dismissal may effectively end the prosecution permanently. Because the five-year statute of limitations expired on September 30, 2025, and the invalid indictment could not toll that deadline, Comey’s attorney Patrick Fitzgerald stated that “because the indictment is void, the statute of limitations has run and there can be no further indictment.”​

For James, the allegations remain well within the statute of limitations, meaning the Justice Department could theoretically seek a new indictment through a properly appointed prosecutor.

​White House Press Secretary Karoline Leavitt announced the Justice Department would contest the decisions, characterizing the ruling as an attempt “to shield James Comey and Letitia James from accountability.” Leavitt asserted: “Lindsey Halligan was lawfully appointed, and that is the stance of the administration.” She added: “This judge took an unprecedented action to throw these cases out based on a technical ruling, and the administration disagrees with that technical ruling. I know the Department of Justice will be appealing this in very short order, so maybe James Comey should pump the brakes on his victory lap.”

The ruling does not affect an ongoing separate prosecution against John Bolton, who was indicted by a different prosecutor in Maryland.