Federal Judge Dismisses Indictments Against Comey and James, Citing Illegal Appointment of Prosecutor

Washington, D.C. – November 24, 2025  In a stinging rebuke to the Trump administration's Justice Department, U.S. District Judge Cameron McGowan Currie on Monday dismissed federal criminal charges against former FBI Director James Comey and New York Attorney General Letitia James, ruling that the prosecutor who secured their indictments was unlawfully appointed. The decision, which comes just days before Thanksgiving, marks a significant setback for what critics have called politically motivated prosecutions and raises fresh questions about the politicization of federal law enforcement.

The dismissals stem from challenges to the appointment of Lindsey Halligan, a former White House aide and Trump loyalist with no prior prosecutorial experience, as interim U.S. Attorney for the Eastern District of Virginia. Halligan, installed after President Donald Trump ousted career prosecutor Erik Siebert in September, personally presented evidence to grand juries that led to the indictments of both defendants. Siebert had reportedly resisted pursuing the cases, deeming the evidence insufficient to sway a jury.Lawyers for Comey and James argued that Halligan's appointment violated the Constitution's Appointments Clause, rendering her actions—including signing the indictments and briefing the grand juries—invalid. In a consolidated hearing earlier this month, their attorneys described the prosecutions as "fatally flawed" and driven by "improperly vindictive" motives, pointing to Trump's public social media calls for swift action against the pair. "This is not justice; it's retribution," Comey's attorney, Michael Dreeben, told the court on November 13.

Judge Currie, a Clinton appointee overseeing the challenges from her South Carolina bench, sided with the defense in a ruling that could have broader implications for other Trump-era appointments. "The Appointments Clause is not a mere formality; it is a bulwark against the unchecked exercise of executive power," she wrote, invalidating Halligan's role and voiding the indictments she spearheaded. The dismissals were granted without prejudice, allowing the Justice Department to potentially refile charges, though prosecutors face an uphill battle: the statute of limitations on Comey's alleged false statements to Congress expired last week, effectively shielding him from retrial on those counts.

The cases had already drawn intense scrutiny. Comey, fired by Trump in 2017 amid the Russia election interference probe, faced two counts of making false statements and obstruction related to his congressional testimony and alleged leaks to the media via a Columbia University law professor. James, a vocal Trump critic who spearheaded the former president's New York civil fraud trial, was charged with mortgage fraud in connection with property dealings. Both pleaded not guilty shortly after their September indictments.

Adding fuel to the controversy, U.S. Magistrate Judge William Fitzpatrick issued a blistering 24-page opinion earlier this month in the Comey case, lambasting the Justice Department for a "disturbing pattern of profound investigative missteps." Fitzpatrick ordered the unprecedented disclosure of grand jury materials to Comey's team, citing potential misconduct in how evidence was presented—including revelations that the full grand jury never reviewed the final indictment. Prosecutors swiftly appealed, but their request for a stay was denied, paving the way for Currie's decisive ruling.

Attorney General Pam Bondi, a Trump appointee, attempted to retroactively ratify Halligan's actions last month, arguing it was a mere "paperwork error." But Currie rejected the move, noting it could not cure the underlying constitutional defect. "Post-hoc fixes cannot launder an improper appointment," she stated.The White House responded tersely, with Press Secretary Karoline Leavitt calling the decision "a technicality exploited by deep-state allies" and vowing a DOJ appeal. Trump himself took to Truth Social, labeling Comey and James "crooked operatives" and demanding "real justice" from "fake judges." Meanwhile, legal experts hailed the ruling as a victory for institutional norms.

"This is a firewall against weaponizing the DOJ for personal vendettas," said Carrie Severino, president of the Judicial Crisis Network, a conservative group that nonetheless criticized Halligan's rushed tactics. On the left, James' office celebrated the outcome as "vindication against authoritarian overreach," while Comey posted a cryptic tweet: "The rule of law endures. Grateful for fair judges."

The dismissals cap a tumultuous few months for the Justice Department, which has faced similar disqualifications of Trump-picked prosecutors in other high-profile probes. As appeals loom, the cases underscore deepening divides over federal enforcement in Trump's second term, with implications that could ripple through ongoing investigations tied to the 2020 election and beyond. 17GEN4.com