Judge Strikes Down Indictments of Comey and James Citing Unlawful Appointment of Prosecutor


Former FBI Director James Comey is depicted in a courtroom sketch during his October 8, 2025, appearance in Virginia. (Federal Court, sketch artist Dana Verkouteren)

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	A judge ordered that charges against former FBI Director James Comey and New York Attorney General Letitia James, both targets of President Donald Trump, be dismissed because the prosecutor who secured the charges was unlawfully appointed.
	Judge Strikes Down Indictments of Comey and James Citing Unlawful Appointment of Prosecutor Derick Adams - Crime/Law Tell Us USA News Network ALEXANDRIA, VA - Federal Judge Cameron McGowan Currie dismissed criminal cases against former FBI Director James Comey and New York Attorney General Letitia James because Lindsey Halligan’s appointment as interim U.S. Attorney for the Eastern District of Virginia was ruled invalid. The judge found that Halligan's appointment, made by Attorney General Pam Bondi at President Donald Trump’s direction, violated the Appointments Clause of the Constitution. As a result, all indictments and actions stemming from her authority, including charges against Comey and James, were declared unlawful and nullified. However, the cases were dismissed without prejudice, leaving open the possibility for new charges under a valid appointment, though pressing legal hurdles remain, such as expired statutes of limitations for Comey’s charges. Halligan’s appointment controversy arose after the previous interim U.S. Attorney, Erik Siebert, left the position following pressure to prosecute Comey and James. Siebert’s term had expired after the statutory 120 days, and according to the judge’s ruling, only district court judges—not the Attorney General—had the authority to appoint a replacement. Halligan lacked prosecutorial experience before her appointment, further fueling the controversy. The judge underscored that endorsing the government’s position would allow indefinite interim appointments bypassing Senate confirmation, which is unacceptable constitutional practice. The charges dismissed included Comey’s indictment for lying to Congress and obstructing a congressional proceeding, and James’ allegations of bank fraud. Both defendants pleaded not guilty. The timing of Comey’s indictment was noteworthy due to its proximity to the statute of limitations deadline. Following the ruling, Comey expressed gratitude that the court recognized the prosecution’s lack of legitimacy, while James reaffirmed her commitment to continue her work despite the baseless charges. The White House vowed to continue pushing forward, insisting the factual basis for the indictments remains unchanged. This judicial ruling marks a major setback for the Trump administration's efforts to prosecute its political adversaries using controversial interim appointments that circumvent established legal safeguards.