Judge Dismisses Trump DOJ Charges Against James Comey, Letitia James

Federal Judge Cameron McGowan Currie dismissed the charges against ex-FBI Director James Comey and New York Attorney General Letitia James (D) on Monday. 

Judge Currie dismissed the case, which was brought by Trump’s controversial handpicked prosecutor in northern Virginia, Lindsey Halligan, on the basis that Halligan is not lawfully serving as the interim United States attorney for the Eastern District of Virginia

“Mr. Comey now moves to dismiss the indictment on the ground that Ms. Halligan, the sole prosecutor who presented the case to the grand jury, was unlawfully appointed in violation of 28 U.S.C. § 546 and the Constitution’s Appointments Clause. As explained below, I agree with Mr. Comey that the Attorney General’s attempt to install Ms. Halligan as Interim U.S. Attorney for the Eastern District of Virginia was invalid,” wrote Judge Currie, adding:

And because Ms. Halligan had no lawful authority to present the indictment, I will grant Mr. Comey’s motion and dismiss the indictment without prejudice.

Halligan secured an indictment against Comey on two charges: making false statements to Congress and obstructing a congressional proceeding. She had also charged AG James with bank fraud and making false statements to a financial institution, related to her 2020 home purchase. Halligan’s indictments came just weeks after President Donald Trump publicly urged his Justice Department to make indictments against his domestic foes.

Judge Currie ruled that “all actions flowing from Ms. Halligan’s defective appointment were unlawful exercises of executive power and are hereby set aside,” meaning both Comey and James’s indictments were dismissed.

Judge Currie also cited Trump’s September social media post urging Attorney General Pam Bondi to go after Comey and James — by name:

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.” 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. 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!!! President DJT

Judge Currie then noted, “Less than 48 hours after President Trump’s post, on September 22, 2025, the Attorney General issued an order “authorizing Lindsey Halligan to be the Interim United States Attorney for the Eastern District of Virginia during the vacancy in that office” (“September 22 Order”).” Defense attorneys for both Comey and James argued that Halligan could not serve as the interim U.S. Attorney in her office, as the 120-day period that a prosecutor can serve on an interim basis had already expired.

“The implications of a contrary conclusion are extraordinary. 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. That cannot be the law,” added Currie in defending her conclusion.

Halligan has also been accused of improperly presenting evidence to the grand jury that indicted Comey. Last week, U.S. District Judge Michael Nachmanoff questioned “whether the entire grand jury ever saw the two-count indictment that a magistrate judge received after the grand jurors rejected one of three charges” presented by Halligan, reported Politico at the time. The case was already under heavy scrutiny as a different judge warned last Monday of apparent “government misconduct” in charging Comey.

Halligan had never tried a federal case before, and her experience was largely in real estate and insurance cases.

This is a developing story and has been updated.