A federal judge has thrown out the Justice Department’s prosecutions against former FBI Director James Comey and New York Attorney General Letitia James.
The DOJ indicted Comey for allegedly lying to Congress and obstructing a congressional proceeding. James was accused of mortgage fraud for allegedly providing false information about several homes she owns on mortgage applications. Both individuals have been vocal critics of President Donald Trump, with James leading a lawsuit against Trump’s companies alleging fraud.
Senior U.S. District Judge Cameron McGowan Currie dismissed the indictments against Comey and James on Monday. He determined that the appointment of Interim U.S. Attorney Lindsey Halligan was unlawful. The judge concluded that “the Attorney General’s attempt to install Ms. Halligan as Interim U.S. Attorney for the Eastern District of Virginia was invalid,” which means she had no lawful authority to indict Comey and James.
Judge Currie has ruled Lindsey Halligan's appointment as interim U.S. attorney invalid and dismissed the indictments against James Comey and Letitia James. Screenshot from order in the latter below: pic.twitter.com/h7TdB1fFD6
— Molly Roberts (@mollylroberts) November 24, 2025
The court explained that the process for appointing an interim U.S. Attorney is limited by statute. After a previous interim U.S. Attorney’s term expires, only the district court—not the Attorney General—possesses the authority to appoint a new official to this position.
The judge rejected the Justice Department’s argument that Attorney General Pam Bondi could retroactively appoint Halligan to address the problem.
🚨 Judge Tosses Trump Indictments Against Comey and Letitia James
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A federal judge has dismissed the indictments against James Comey and Letitia James, ruling that the appointment of interim U.S. Attorney Lindsey Halligan hand‑picked by Donald J. Trump was invalid.
Key… pic.twitter.com/pkHUYqDV0p
The court concluded that Halligan’s actions were “unlawful exercises of executive power and must be set aside” and dismissed arguments that it could be remedied after the fact.
However, Currie dismissed both cases without prejudice, meaning the DOJ could reindict them after Halligan’s position is filled.