Judge tosses fed’s case against AG James and Comey

New York Attorney General, Letitia James, speaks after pleading not guilty outside the United States District Court on Friday, Oct. 24, 2025, in Norfolk, Va. The case against her was dismissed by a federal judge on Monday.  AP file photo by John Clark

By Jacob Kaye

A federal judge on Monday tossed out the criminal cases brought against New York Attorney General Letitia James and former FBI Director James Comey after finding that the prosecutor that brought the charges had been illegally appointed by the Trump administration.

Federal Judge Cameron McGowan Currie said in a Monday ruling that both cases brought this year against James and Comey by interim U.S. Attorney for the Eastern District of Virginia Lindsey Halligan were invalid because Halligan’s appointment was illegal.

The judge dismissed the cases without prejudice, meaning prosecutors can again bring the charges against James, who was hit with mortgage fraud charges, or Comey, who was charged with lying to Congress. The Justice Department is expected to either appeal the ruling or attempt to again file charges against James and Comey, both of whom are perceived enemies of President Donald Trump.

“I conclude that all actions flowing from Ms. Halligan’s defective appointment, including securing and signing Ms. James’s indictment, constitute unlawful exercises of executive power and must be set aside,” the judge wrote in their decision dismissing the case against the New York attorney general’s case.

She made a similar ruling in Comey’s case.

The rulings come as a hit to the Trump administration, which was accused of pursuing the cases at the direction of Trump. The president allegedly was intent on punishing James, who successfully brought a civil fraud case against the Trump Organization, and Comey, who drew Trump’s ire when he said that Russia had interfered with the 2016 election.

Though their cases were separate, James and Comey’s lawyers joined forces to present similar motions to dismiss.

James celebrated the dismissal in a statement on Monday.

“I am heartened by today’s victory and grateful for the prayers and support I have received from around the country,” the attorney general said.

“I remain fearless in the face of these baseless charges as I continue fighting for New Yorkers every single day,” she added.

A federal judge dismissed two cases brought by interim U.S. Attorney Lindsey Halligan claiming Halligan’s appointment to the role was illegal.  AP file photo by Jacquelyn Martin

Currie’s ruling centered around Halligan’s appointment, which came in September after her predecessor, Erik Siebert, resigned.

Siebert, who was nominated to the prosecutor’s post by Trump earlier this year, stepped down after he raised concerns about bringing the cases against Comey and James. His resignation came hours after Trump had told reporters that he wanted Siebert “out.”

The next day, in a post to social media, Trump railed against the lack of movement on the cases against Comey and James. He pinned the blame on Siebert and pushed for U.S. Attorney General Pam Bondi to appoint Halligan, who once served as the president’s personal lawyer, to the role.

“They are all guilty as hell, but nothing is being done,” he said in a since deleted post. “Then we almost put in a Democrat supported U.S. Attorney, in Virginia, with a really bad Republican past. A Woke RINO, who was never going to do his job. That’s why two of the worst Dem Senators PUSHED him so hard.”

“He even lied to the media and said he quit, and that we had no case,” he added. “No, I fired him, and there is a GREAT CASE, and many lawyers, and legal pundits, say so. Lindsey Halligan is a really good lawyer, and likes you, a lot. 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!!!”

Halligan was named interim U.S. attorney in the Virginia district and quickly brought both cases against Trump’s perceived enemies.

But Currie said that Bondi operated outside the law in her appointment of Halligan.

“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.

The judge said that the attorney general cannot repeatedly appoint interim U.S. attorneys, as she claimed Bondi did in Virginia. If that were allowed, an attorney general could repeatedly install prosecutors loyal to the president without any interference from Congress.

“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,” the judge said. “That cannot be the law.”

Currie’s ruling was celebrated by lawmakers around New York on Monday, many of whom long contended that the case brought against James was a misuse of the justice system.

“The administration's obvious efforts to target her and others have been as inept as they are corrupt,” said Public Advocate Jumaane Williams. “This should send a powerful message about the ability to stand up to Donald Trump’s abuses, not capitulate to them.”

“I don’t expect the Trump administration to stop its attempt to weaponize the Justice Department against people willing to stand up for the rule of law, but I’m relieved that the rule of law is standing up to the Trump administration,” he added.

Governor Kathy Hochul said in a social media post the Trump administration “never had a case to begin with.”

“Justice served,” she said.