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Photo: Jacquelyn Martin/AP Photo

A federal judge officially dismissed the Justice Department’s pending cases against former FBI director James Comey and New York attorney general Letitia James after ruling that the prosecutor who sought the charges, Lindsey Halligan, was improperly appointed. It’s the latest blow to the Trump administration’s efforts to pursue legal action against the president’s political foes.

In her decision in Comey’s case, U.S. District Judge Cameron McGowan Currie wrote that Halligan, the U.S. Attorney for the Eastern District of Virginia, was appointed to that role in violation of federal law. Attorney General Pam Bondi tapped Halligan to replace the interim appointee in that role, Erik Siebert, who resigned under pressure to pursue prosecutions against James and Comey that he felt were unsubstantial. The judge concluded that Bondi’s authority to name another interim U.S. Attorney was limited to the 120 day-period Siebert was named under and officially expired on May 21, months prior to Halligan’s appointment.

“Consequently, I conclude that the Attorney General’s attempt to install Ms. Halligan as Interim U.S. Attorney for the Eastern District of Virginia was invalid and that Ms. Halligan has been unlawfully serving in that role since September 22, 2025,” the judge wrote. “I conclude that all actions flowing from Ms. Halligan’s defective appointment, including securing and signing Mr. Comey’s indictment, constitute unlawful exercises of executive power and must be set aside.”

Currie’s ruling concludes that the task of selecting a new interim U.S. attorney falls to the district court until the Senate confirms an official appointee.

The judge issued a similar ruling in a case brought by James, who also challenged the legality of Halligan’s appointment. Both cases were dismissed without prejudice, meaning the government could choose to pursue the matters again. However, the Justice Department might be out of luck with regards to Comey: Halligan secured her indictment of the FBI director just days before the five-year statute of limitations on the alleged conduct expired.

The dismissal of Comey’s and James’s cases marks another high-profile failure for the Donald Trump–helmed Justice Department, which has frequently leaned more on loyalists willing to speedily execute the president’s orders than on veteran appointees with extensive legal experience. Halligan, who had never served as a prosecutor prior to her appointment, is just the latest administration pick to have their authority revoked. In August, a federal judge found that Alina Habba, a onetime personal attorney for Trump, was unlawfully appointed to serve as the U.S. Attorney for New Jersey. The Justice Department has appealed the ruling, and the matter is still being litigated.

But Trump personally sought the prosecutions of Comey and James, directing Bondi to look into them in a social-media post. “Pam: I have reviewed over 30 statements and posts saying that, essentially, ‘same old story as last time, all talk, no action. Nothing is being done. What about Comey, Adam ‘Shifty’ Schiff, Leticia??? They’re all guilty as hell, but nothing is going to be done,” the president wrote on Truth Social. “We can’t delay any longer, it’s killing our reputation and credibility. They impeached me twice, and indicted me (5 times!), OVER NOTHING. JUSTICE MUST BE SERVED, NOW!!!”

James addressed the news of the dismissed indictment against her in a statement. “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,” she said.

Lindsey Halligan Gets Sunk

Lindsey Halligan Gets Sunk