Judge Dismisses Cases Against Comey, Letitia James

Judge Dismisses Cases Against Comey, Letitia James

by Tyler Durden
Tuesday, Nov 25, 2025 - 04:48 AM


A federal judge has dismissed cases against former FBI Director James Comey and NY Attorney General Letitia James, after finding that US Attorney Lindsey Halligan was unlawfully appointed to the role, and that AG Pam Bondi cannot ratify her actions.



Judge Cameron McGowan Currie, a Clinton appointee, dismissed the case without prejudice over Halligan's appointment, meaning the DOJ can try again when they get their act together.

"I conclude that all actions flowing from Ms. Halligan's defective appointment, including securing and signing Ms. James's indictment, constitute unlawful exercises of executive power and must be set aside," the judge wrote in an order in James' case.


While the White House says they'll appeal, the statute of limitations has already passed for Comey's case - which Judge Currie noted in a footnote that the DOJ could not bring a similar indictment against him, as "there is no legitimate peg on which to hang such a judicial limitations-tolling result" with a voided indictment.

As the Epoch Times notes, the Justice Department had argued that even if Halligan’s appointment were invalid, the indictments should stand because they were approved by Attorney General Pam Bondi. Currie rejected that premise and described Bondi’s attempts to ratify Halligan’s actions as “ineffective.”

Currie’s decision focused on 28 U.S. Code Section 546, which allows interim attorneys to serve for 120 days, further providing that district courts “may appoint” a U.S. attorney to fill vacancies at the end of that timeframe if the Senate has not already appointed a replacement.

During a hearing on Nov. 13, the Justice Department argued that the law did not confine the attorney general to an initial 120 days for appointing prosecutors. Rather, it said, the law allowed for successive appointments of attorneys who would each have 120-day limits on their time in office.

Comey pleaded not guilty to charges that he lied to Congress during a 2020 hearing and obstructed their proceeding.


As Axios notes;The indictment against Comey came as the statute of limitations was set to expire. Trump ousted U.S. attorney Erik Siebert, who had reportedly believed there was not enough evidence to bring a case against Comey or New York Attorney General Letitia James.Trump replaced Siebert with Lindsey Halligan, who had previously worked for him. She is now serving as the interim U.S. attorney for the Eastern District of Virginia despite having no prosecutorial experience.Judge William Fitzpatrick warned in a November opinion that "a disturbing pattern of profound investigative missteps" could have undermined the proceedings, leaving the indictment in jeopardy.



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