Clinton-Appointed Judge Dismisses James Comey and Letitia James Cases, Rules Trump-Appointed Attorney Invalid

Original article here

A Clinton-appointed federal judge threw out the criminal cases against James Comey and Letitia James on Monday, not on the merits, but because she concluded the prosecutor handling the cases was unlawfully appointed.

In her opinion, Judge Cameron McGowan Currie ruled that Lindsey Halligan, who Trump named as the interim US attorney for the eastern district of Virginia in September, had “no lawful authority to present the indictments” against the former FBI director and New York attorney general.

“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 22, 2025,” Currie wrote in her opinion. She added that “all actions flowing from Ms Halligan’s defective appointment” were “unlawful exercises of executive power and must be set aside.”

The decision, which will likely be appealed, is a temporary win for Comey and James, who were both criminally charged last month—Comey for lying to Congress, and James for mortgage fraud. 

There is compelling evidence that Comey made false statements to Congress five years ago and obstructed a Senate investigation into the Bureau’s corrupt Crossfire Hurricane.

Likewise, there is compelling evidence James made false statements on a mortgage application and committed bank fraud related to the property.

Both Democrats have denied any wrongdoing.

Currie dismissed both cases “without prejudice,” which means the government could bring the charges again under an approved US attorney, although it is unclear whether this is possible in Comey’s case as the statute of limitations for the crime he is charged with passed on 30 September 2025.

Comey praised the outcome, saying in a recorded video: “I’m grateful that the court ended the case against me which was a prosecution based on malevolence and incompetence. This case mattered to me personally, obviously, but it matters most because a message has to be sent that the president of the United States cannot use the Department of Justice to target his political enemies.”

“I know that Donald Trump will probably come after me again and my attitude is gonna be the same. I’m innocent, I am not afraid, and I believe in an independent federal judiciary,” he added.

James also issue a statement praising the decision: “I am heartened by today’s victory and grateful for the prayers and support I have received from around the country. I remain fearless in the face of these baseless charges as I continue fighting for New Yorkers every single day.”

Interim US attorneys are only allowed to serve for 120 days without a Senate confirmation but their term can be extended if the district court in their jurisdiction grants them an extension. Once the 120 day period is up, the law allows the judges on the district court to appoint a top prosecutor.

Halligan’s predecessor, Erik Siebert, began serving in the role on an interim basis in January. In May, at the end of the 120-day period, the judges in the eastern district of Virginia chose to extend his appointment. In September, Siebert was forced out of his role as it reportedly determined there was insufficient evidence to charge James with a crime. Trump installed Halligan, a White House aide with no prosecutorial experience in the role and Comey was indicted on charges of lying to Congress days later. Halligan then indicted James on allegations of mortgage fraud shortly after that.

The Trump administration argued that the attorney general could simply revisit someone new every 120 days, but Currie said that would simply allow the attorney general to indefinitely appoint someone on an interim basis. The “text, structure, and history” of the law do not support the government’s argument she wrote.

Mike Davis, the founder and president of the Article III Project, urged the Justice Department to appeal the decision.

“Democrat politicians, including in robes, shamefully protect their own,’ Davis, a staunch Trump ally, posted on X. “Unfortunately, we have two systems of justice.
One Democrats weaponize against enemies. And one Democrats weaponize to protect allies.”