A federal judge gave New York Attorney General Letitia James and former FBI Director James Comey a bit of a reprieve when he threw out the Justice Department’s indictments against them.
But this does not mean they will get off scot-free.
U.S. District Judge Cameron McGowan Currie on Monday dismissed the indictments against the two individuals after determining that the appointment of Interim U.S. Attorney Lindsey Halligan was not valid. He argued that after an interim U.S. attorney’s term expires, it is up to the district court to appoint a replacement. In Halligan’s case, Attorney General Pam Bondi appointed her instead of the court.
🚨 BREAKING UPDATE: A federal judge has dismissed the indictments against both James Comey AND Letitia James
— Nick Sortor (@nicksortor) November 24, 2025
Not because their cases lack merit — but because of “PROCEDURAL ISSUES”
TOTAL BS. Luckily, they can both be indicted AGAIN, because the indictments were dismissed… pic.twitter.com/bO1npsR0Sj
However, Currie dismissed the cases “without prejudice,” which means the Justice Department can reindict both.
The DOJ alleges that Comey lied to Congress and obstructed a congressional proceeding when he allegedly lied about not approving leaks to the press about the investigation into President Donald Trump’s 2016 campaign.
James is accused of committing mortgage fraud. The DOJ claims she lied on mortgage applications to obtain favorable loan terms for multiple homes she owns.
White House press secretary Karoline Leavitt told reporters that Halligan was “legally appointed” and that Judge Currie “is clearly trying to shield Letitia James and James Comey from receiving accountability.”
However, she stated that the Justice Department “will be appealing very soon.”
Karoline Leavitt shuts down a reporter who asked whether prosecutor Lindsey Halligan will be replaced in the James Comey / Letitia James cases.
— Overton (@overton_news) November 24, 2025
Leavitt answered the loaded question and then took a direct shot at the federal judge who tossed the indictments.
REPORTER: “Will… pic.twitter.com/5FNCzCojZY
In Comey’s case, it might be difficult to resurrect his indictment, according to The Hill.
Some questions remain as to whether the case against Comey can be refiled. He was first charged near the end of a five-year statute of limitations that expired in September, and Comey’s attorney has argued that a new indictment can’t be filed because that window is now closed.
But a federal statute allows for indictments dismissed after the statute of limitations ends to be refiled within a six-month window.
The allegations against James, that she improperly received favorable loan terms on a Virginia home purchase, can more clearly be refiled.
Still, both Comey and James declared a win and indicated they’re prepared to continue to proclaim their innocence.
The initial case against Comey was also fraught with problems after DOJ lawyers admitted that the grand jury did not see the full indictment before approving his prosecution. Justice Department lawyers later retracted their admission and affirmed that the grand jury had seen the full document.