Comey And James Indictments Dismissed After Judge Rules Prosecutor Was Illegally Appointed
A federal judge on Monday dismissed the criminal cases against former FBI Director James Comey and New York Attorney General Letitia James, ruling that the prosecutor who brought the charges at President Donald Trump’s urging had been improperly appointed.
The decision from U.S. District Judge Cameron McGowan Currie marks a significant rebuke of the Trump administration’s efforts to pursue two of the president’s most prominent political adversaries. It also underscores the legal maneuvering used to quickly position a loyalist to file the indictments.
The judge found that Lindsey Halligan, a former White House aide with no prosecutorial background, was unlawfully installed to lead one of the Justice Department’s most high-profile offices. Halligan had taken the position in September after interim U.S. Attorney Erik Siebert resigned under pressure from the administration, which had been urging him to bring charges against Comey and James.
Attorneys for both defendants asked the court to dismiss the cases with prejudice, which would have prevented the Justice Department from trying to bring them again. Instead, Currie dismissed the indictments without prejudice, leaving open the possibility—though uncertain—of future action by federal prosecutors.
Rev. Al Sharpton, founder and president of the National Action Network, said the ruling underscored the danger of turning federal law enforcement into a political tool.
“The court’s decision today sends a clear message to Donald Trump and his administration that the Justice Department cannot become a weapon to exact political revenge. Whatever the technicality used to toss out these cases, it’s clear that these charges were based on one thing: retribution.” Sharpton stated.
“Attacking a Black woman who holds elected office by questioning her ability to earn money or own property has become a tired tactic by the right — one the court clearly saw through. While we should never have been in a place where the sitting President can seek to rise above the law to scrutinize those who chose the country over loyalty, this ruling is proof that safeguards still exist in our system.” Sharpton finished in a press release shortly after the dismissal.
Comey’s lawyers argued that after Siebert’s resignation, the judges of the district should have selected his replacement under federal law. Instead, Trump nominated Halligan while publicly urging Attorney General Pam Bondi to take action, writing on Truth Social that “JUSTICE MUST BE SERVED, NOW!!!” Comey was indicted days later on charges of lying and obstructing Congress. James was charged shortly afterward in a separate mortgage-fraud investigation.
Judges in other districts, including New Jersey, Los Angeles and Nevada, have previously disqualified interim U.S. attorneys over similar appointment issues but allowed the cases they brought to continue. Lawyers for Comey and James argued this situation was different because Halligan personally signed the indictments and directed the prosecutions.
Comey has long been a central figure in Trump’s grievances. He was appointed FBI director in 2013 by President Barack Obama and was overseeing the investigation into possible ties between Trump’s 2016 campaign and Russia when Trump fired him in 2017. The two have clashed publicly for years.
James has also been a frequent target for Trump, particularly after she won a large civil judgment against him and the Trump Organization for defrauding banks by inflating the value of his assets. While an appeals court later overturned the more than $500 million penalty, it upheld the underlying finding that Trump committed fraud.
