A federal judge has tossed high-profile cases against former FBI Director James Comey and New York Attorney General Letitia James after finding that the prosecutor was illegally appointed.
U.S. District Judge Cameron McGowan Currie, an appointee of former President Bill Clinton, dismissed both indictments without prejudice on Monday afternoon. Her decision undercuts President Donald Trump’s efforts to prosecute his political adversaries.
Describing her rationale, Currie stated that Lindsey Halligan — the interim U.S. Attorney for the Eastern District of Virginia, who brought both cases — had been unlawfully appointed by Trump.
She agreed with defense attorneys who argued that Halligan, a former White House aide with no prior experience as a prosecutor, had stayed in office past the 120-period that an interim U.S. attorney is allowed to serve before Senate confirmation or approval from the district’s judges.
Because of this, Currie wrote that “all actions flowing from Ms. Halligan’s defective appointment” including the cases against Comey and James “were unlawful exercises of executive power and are hereby set aside.”
Following the decision, James released a statement saying, “I am heartened by today’s victory and grateful for the prayers and support I have received from around the country. I remain fearless in the face of these baseless charges as I continue fighting for New Yorkers every single day.”
In a video posted to Instagram, Comey said he was “inspired” by the judge’s decision, adding that “a message has to be sent that the president of the United States cannot use the Department of Justice to target his political enemies.”
Meanwhile, a White House spokesperson told NewsNation, “The facts of the indictments against Comey and James have not changed and this will not be the final word on this matter.”
Since the cases were dismissed without prejudice, prosecutors retain the option to seek new indictments. However, Comey’s legal team could argue that a new indictment would be invalid due to the statute of limitations for his case having expired in late September, just days before the charges were filed. Currie agreed with this position in her ruling.
The decision caps off a monthslong legal saga that began shortly after Halligan was sworn into office.
In late September, Trump tapped Halligan to serve as interim U.S. Attorney for the Eastern District of Virginia after her predecessor quit and reportedly found inadequate evidence to criminally prosecute James.
Days after she assumed office, Halligan secured a two-count criminal indictment against Comey relating to charges of making false statements and obstructing a congressional proceeding. A few weeks later, Halligan brought a criminal indictment against James on charges of bank fraud and making false statements in connection with a loan for a house she purchased in Virginia in 2020.
Both Comey and James pleaded not guilty.
The indictments were filed shortly after Trump called on Attorney General Pam Bondi to take action against his political opponents.
In a September post on Truth Social, the Republican president wrote, “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.’”
“They impeached me twice, and indicted me (5 times!), OVER NOTHING,” Trump added. “JUSTICE MUST BE SERVED, NOW!!!”
The Independent has contacted the Department of Justice seeking comment.
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