A federal judge in the US has thrown out criminal charges against former FBI director James Comey and New York attorney general Letitia James, ruling that the prosecutor who brought the cases had been illegally appointed.
The appointment of Lindsey Halligan as interim US attorney for the Eastern District of Virginia was unlawful, US district judge Cameron McGowan Currie said in rulings on Monday. She dismissed the charges against Mr Comey and Ms James without prejudice, meaning that prosecutors may be able to refile the cases.
“I conclude that the attorney general’s attempt to install Ms Halligan as interim US attorney for the Eastern District of Virginia was invalid and that Ms Halligan has been unlawfully serving in that role since September 22nd, 2025,” judge Currie, a Bill Clinton appointee, wrote in separate rulings in both cases.
US president Donald Trump abruptly installed Ms Halligan in September after her predecessor resigned under pressure to bring charges against Mr Comey and Ms James. Attorney general Pam Bondi decided how to appoint her and Ms Halligan was the sole prosecutor who secured separate grand jury indictments against both of them.
The rulings represent another astonishing rebuke of how Mr Trump and his justice department have handled cases within his administration, as other prosecutors have been dealt significant blows by federal judges who found their lawyering to be suspect or unlawful.
Ms James and Mr Comey filed separate legal challenges arguing the appointment of Ms Halligan violated the justice department’s process for naming interim US attorneys.
“The implications of a contrary conclusion are extraordinary,” judge Currie wrote. “It would mean the government could send any private citizen off the street – attorney or not – into the grand jury room to secure an indictment so long as the attorney general gives her approval after the fact. That cannot be the law.”
Mr Comey was indicted in September for allegedly lying to Congress and obstruction related to testimony he gave in 2020. Ms James was indicted in October for one count of alleged bank fraud and one count of making false statements to a financial institution related to a mortgage on a home she owns in Virginia.
Both have denied any wrongdoing and are fighting their respective charges in court.
“I am heartened by today’s victory and grateful for the prayers and support I have received from around the country,” Ms James said in a statement. “I remain fearless in the face of these baseless charges as I continue fighting for New Yorkers every single day.”
Judge Currie is normally based in South Carolina. A senior judge, she was asked to take over the case out of Virginia to ensure impartiality because the Virginia-based judges previously voted to fill the US attorney position with someone else. – Bloomberg
