Judge tosses indictments against James Comey and Letitia James

A federal judge on Monday dismissed criminal charges against former FBI Director James Comey and New York Attorney General Letitia James, on the grounds that the appointment of the US prosecutor who filed the indictments was invalid.

The judge dismissed the charges without prejudice, meaning the cases could be reviewed by an appropriately appointed US attorney.

U.S. District Judge Cameron McGowan Currie concluded that the appointment of interim U.S. Attorney Lindsey Halligan was unconstitutional and that her actions prosecuting the case were “unlawful.” And “ineffective.”

“Because Ms. Halligan did not have the legal authority to file the indictment, I will grant Mr. Comey’s request and dismiss the indictment without prejudice,” she wrote.

Halligan, President Donald Trump’s chosen US attorney for the Eastern District of Virginia, sought to indict Comey and James over the case. Functional plaintiffs’ objections After Trump Had to go out Former U.S. Attorney Eric Seibert, who sources said resisted filing the cases.

Halligan, who had no experience as a prosecutor, requested the indictment after Trump, in a social media post, called on Attorney General Pam Bondi to… Act “NOW!!!” To prosecute Comey, James, and Representative Adam Schiff.

White House press secretary Carolyn Leavitt told reporters following the decision that the Justice Department would appeal the ruling “very soon.”

“Our position is that Lindsay Halligan is extremely qualified for this position, but more importantly, she was lawfully appointed for it,” Leavitt said.

Come on He pleaded not guilty In October, he was charged with making false statements and one count of obstructing congressional proceedings related to his testimony before the Senate Judiciary Committee in 2020, amid what critics called Trump politics. Revenge campaign against his political opponents.

Vice President J.D. Vance said any such prosecutions were “driven by law, not politics.”

James, who succeeded in bringing A Civil fraud case v. Trump last year, and is leading several lawsuits challenging his administration’s policies. She pleaded not guilty in October to charges she committed mortgage fraud in connection with a home she bought in 2020.

Prosecutors said she falsely described a property she purchased in Norfolk, Virginia, as a second home rather than an investment property in order to obtain a lower mortgage rate. James said she bought the property for her niece and allowed her and her children to live in the house rent-free.

“I was thrilled with today’s win and grateful for the prayers and support I have received from across the country,” James said in a statement following Friday’s ruling. “I remain brave in standing up to these baseless accusations as I continue to fight for New Yorkers every day.”

James’ attorney, Abby Lowell, said in a statement that he would challenge “any further politically motivated charges through all available legal means.”

“This case concerns me personally, of course, but it is the most important because it must send the message that the President of the United States cannot use the Department of Justice to target his political enemies. I don’t care what your policies are. You have to see this as fundamentally un-American and a threat to the rule of law that keeps us all free,” Comey wrote in a social media post.

“The day Mr. Comey was indicted was a sad day for our government,” Comey’s lawyer, Patrick Fitzgerald, said in a statement. “Honorable prosecutors were fired to pave the way for an unlawful prosecution. But today, our legal system has been vindicated by an independent judiciary, not just for Mr. Comey, but for all American citizens.”

With the statute of limitations on Comey’s case having expired, it is unclear whether the case can be reopened in a timely manner. Comey’s lawyers say the statute of limitations has already expired.

And unlike the case against Comey, the allegations against James appear to fall within the statute of limitations if the Justice Department tries to pursue the case again.

Under federal law, the Attorney General has the authority to appoint a temporary U.S. Attorney for 120 days before the appointment authority shifts to judges in that federal district. When U.S. Attorney Jessica Abair, President Joe Biden’s pick to lead the office, resigned on January 20, Seibert was appointed interim U.S. attorney.

After 120 days, the authority to appoint the interim U.S. Attorney passed from the Attorney General to the judges in the Eastern District of Virginia, who used their authority to allow Seibert to continue serving in his position.

“When that clock expired on May 21, 2025, the authority to appoint the Attorney General also expired,” Judge Currie wrote in her decision.

Seibert continued to legally serve in his position until September, when he resigned after a pressure campaign from the president. Within 48 hours of Trump’s social media post calling for the prosecution of his political opponents, Bondi cited the same federal law that allows a 120-day temporary appointment to authorize Halligan as interim U.S. attorney.

After both Comey and James were indicted, Bundy attempted to certify Halligan’s appointment, but Judge Curry rejected that attempt to fix the problem after the fact.

“The implications of reaching a contrary conclusion are extraordinary. This means that the government can send any ordinary citizen off the street — whether or not a lawyer — into the grand jury room for an indictment as long as the prosecutor gives it approval after the fact. This cannot be the law,” she wrote.

According to Currie, the decision on who leads the U.S. Attorney’s Office in Eastern Virginia is now in the hands of judges in that district, until Trump nominates and the Senate confirms a permanent U.S. attorney to take over.

ABC News’ Luke Barr And Jack Det She contributed to this report.