A federal judge has dismissed the criminal cases against former FBI Director James Comey and New York Attorney General Letitia James, ruling that President Donald Trump’s handpicked prosecutor, Lindsey Halligan, was illegally appointed when she secured the indictments.
U.S. District Judge Cameron Currie found that Halligan’s appointment as interim U.S. attorney for the Eastern District of Virginia violated federal law, which limits the Justice Department’s authority to install top prosecutors without Senate confirmation. “Ms. Halligan has been unlawfully serving in that role since September 22, 2025,” Currie wrote, adding that all actions stemming from her appointment “constitute unlawful exercises of executive power and must be set aside.”
The cases were dismissed “without prejudice,” leaving open the possibility for prosecutors to seek new indictments. However, Comey’s attorneys have argued that the statute of limitations for his case expired on September 30, a point the judge agreed with, further limiting the government’s options.
The ruling is a significant rebuke of the Trump administration’s effort to target political adversaries. White House press secretary Karoline Leavitt called the decision “a technical ruling” and labeled Currie “partisan,” accusing her of shielding Comey and James. “Everybody knows that James Comey lied to Congress. It’s as clear as day,” she said.
Currie also rejected the government’s attempt to retroactively ratify Halligan’s actions, warning that allowing such authority would let any private citizen secure indictments if later approved by the attorney general, a scenario “that cannot be the law.”
Comey was originally charged with lying to and obstructing Congress over his 2020 testimony on the FBI’s investigation into Trump’s campaign, while James faced bank fraud and false statement charges related to a Norfolk, Virginia, property. Both pleaded not guilty.
Following the ruling, Comey thanked supporters and called the prosecution “a reflection of what the Department of Justice has become under Donald Trump, which is heartbreaking.” James also praised the decision, calling it a “victory” and reaffirming her commitment to serve New Yorkers.
The dismissal marks the latest legal setback for the Trump administration’s attempts to place politically aligned prosecutors in U.S. attorney offices. Similar challenges have arisen in New Jersey, Nevada, and Los Angeles, where courts found that interim appointments violated law or expired terms.
Currie noted that while the cases are dismissed, the Eastern District of Virginia vacancy can now be filled by the president with Senate confirmation, restoring lawful oversight to the office. She also indicated that the likelihood of re-indicting Comey is slim given statutory deadlines and lack of a “valid peg” to extend them.
