Indictments against James Comey and Letitia James dismissed

A federal judge in Virginia has dismissed criminal indictments against former FBI Director James Comey and New York Attorney General Letitia James after finding that the prosecutor who presented both cases to a grand jury was unlawfully appointed.

The rulings were issued on Monday by Senior U.S. District Judge Cameron McGowan Currie, who was designated by the Fourth Circuit to handle challenges related to the interim U.S. Attorney position.

Judge Currie said Lindsey Halligan, appointed in September as interim U.S. Attorney for the Eastern District of Virginia, lacked lawful authority to appear before either grand jury.

According to the orders, the vacancy began on Jan. 20, 2025, when the previous Senate-confirmed U.S. Attorney resigned. The Attorney General appointed Erik Siebert the next day to serve in the role. After Siebert’s 120-day term expired on May 21, the district court used its authority to appoint him to continue serving.

Judge Currie said that when Siebert later resigned on Sept. 19, the authority to appoint a new interim U.S. Attorney still rested with the district court.

Because the deadline had passed, only the district court, not the Attorney General, could lawfully make an interim appointment. Judge Currie wrote that Halligan’s appointment therefore lacked legal force and that she had no authority to oversee grand jury proceedings or sign indictments.

Both indictments were presented solely by Halligan, according to the orders. Judge Currie concluded that “all actions flowing from Ms. Halligan’s defective appointment, including securing and signing” the indictments, were unlawful exercises of executive power.

Judge Currie also rejected the Justice Department’s attempt to retroactively approve Halligan’s actions by naming her a “Special Attorney.” The judge said the agency could not grant after-the-fact authority to someone who did not have it when the indictments were obtained.

The judge dismissed both cases without prejudice, meaning prosecutors with proper authority could pursue charges again.

Comey, who led the FBI from 2013 to 2017, had been charged with making false statements to Congress and obstructing a congressional proceeding. James, who has served as New York’s Attorney General since 2019, was accused of bank fraud and making false statements related to a mortgage application.