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A national justice connected Monday dismissed the transgression cases against erstwhile FBI Director James Comey and New York Attorney General Letitia James connected the grounds that the assignment of the U.S. lawyer who brought the indictments was invalid.
The justice dismissed the charges without prejudice, meaning the cases could perchance beryllium refiled by an appropriately appointed U.S. attorney.
U.S. District Judge Cameron McGowan Currie concluded that the assignment of Interim U.S. Attorney Lindsey Halligan was unconstitutional and that her actions bringing the lawsuit were "unlawful" and "ineffective."
"Because Ms. Halligan had nary lawful authorization to contiguous the indictment, I volition assistance Mr. Comey's question and disregard the indictment without prejudice," she wrote.
Halligan, President Donald Trump's handpicked U.S. lawyer for the Eastern District of Virginia, sought the indictment of Comey and James implicit the objections of vocation prosecutors after Trump forced out previous U.S. lawyer Erik Siebert who sources said had resisted bringing the cases.
Halligan, who had nary acquisition arsenic a prosecutor, sought the indictment aft Trump, successful a societal media post, called connected Attorney General Pam Bondi to act "NOW!!!" to prosecute Comey, James and Rep. Adam Schiff.
White House property caput Karoline Leavitt told reporters pursuing the determination that the Justice Department would beryllium appealing the ruling "very soon."
James Comey speaks, May 30, 2023 successful New York City.
Dia Dipasupil/Getty Images
"It is our presumption that Lindsey Halligan is highly qualified for this position, but much importantly, was legally appointed to it," Leavitt said.
Comey pleaded not guilty in October to 1 number of mendacious statements and 1 number of obstruction of a legislature proceeding related to his grounds earlier the Senate Judiciary Committee successful 2020, amid what critics telephone Trump's campaign of retribution against his perceived governmental foes.
Vice President JD Vance has said immoderate specified prosecutions are "driven by instrumentality and not by politics."
James, who successfully brought a civil fraud case against Trump past twelvemonth and leads aggregate lawsuits challenging his administration's policies, pleaded not guilty successful October to charges that she committed owe fraud related to a location she purchased successful 2020.
Prosecutors said she falsely described a spot she purchased successful Norfolk, Virginia, arsenic a 2nd location alternatively of an concern spot successful bid to get a little owe rate. James said she purchased the spot for her great-niece and allowed her and her children to unrecorded successful the location rent-free.
"I americium heartened by today's triumph and grateful for the prayers and enactment I person received from astir the country," James said successful a connection pursuing Friday's ruling. "I stay fearless successful the look of these baseless charges arsenic I proceed warring for New Yorkers each azygous day."
New York Attorney General Letitia James speaks to the media aft she pleaded not blameworthy to charges that she defrauded her owe lender, extracurricular the U.S. District Court for the Eastern District of Virginia, successful Norfolk, Virginia, Oct. 24, 2025.
Jonathan Ernst/Reuters
James’ attorney, Abbe Lowell, said successful a statement, that helium would situation “any further politically motivated charges done each lawful means available.”
Comey, successful a societal media post, wrote, "This lawsuit mattered to maine personally, obviously, but it matters astir due to the fact that a connection has to beryllium sent that the President of the United States cannot usage the Department of Justice to people his governmental enemies. I don't attraction what your authorities are. You person to spot that arsenic fundamentally un-American and a menace to the regularisation of instrumentality that keeps each of america free."
"The time erstwhile Mr. Comey was indicted was a bittersweet time for our government," Comey's attorney, Patrick Fitzgerald, said successful a statement. "Honest prosecutors were fired to wide the way for an unlawful prosecution. But contiguous an autarkic judiciary vindicated our strategy of laws not conscionable for Mr. Comey but for each American citizens."
With the statute of limitations for Comey's lawsuit acceptable to expire, it is unclear whether the lawsuit could beryllium refiled successful time. Lawyers for Comey person argued that the statute of limitations has already tally out.
Unlike the lawsuit against Comey, the allegations against James look to beryllium good wrong the statute of limitations should the Department of Justice effort to prosecute the lawsuit again.
Under national law, the lawyer wide has the authorization to name an interim U.S. Attorney for 120 days earlier the assignment powerfulness shifts to the judges successful that national district. When U.S. Attorney Jessica Aber, who was President Joe Biden’s prime to pb the office, resigned connected Jan. 20, Siebert was appointed arsenic interim U.S. attorney.
After 120 days, the powerfulness to name an interim U.S. lawyer shifted from the lawyer wide to the judges successful the Eastern District of Virginia, who utilized their authorization to let Siebert to proceed serving successful his role.
“When that timepiece expired connected May 21, 2025, truthful excessively did the Attorney General’s assignment authority," Judge Currie wrote successful her decision.
Siebert continued to service lawfully successful his presumption until September, when helium resigned pursuing a unit run from the president. Within 48 hours of Trump’s societal media station calling for the prosecution of his governmental foes, Bondi cited the aforesaid national instrumentality that allows a 120-day interim assignment to authorize Halligan arsenic the interim U.S. attorney.
After some Comey and James were indicted, Bondi attempted to ratify Haligan's appointment, but Judge Currie rejected that effort to hole the contented aft the fact.
"The implications of a contrary decision are extraordinary. It would mean the Government could nonstop immoderate backstage national disconnected the thoroughfare -- lawyer oregon not -- into the expansive assemblage country to unafraid an indictment truthful agelong arsenic the Attorney General gives her support aft the fact. That cannot beryllium the law," she wrote.
According to Currie, the determination astir who leads the U.S. Attorney’s Office successful Eastern Virginia is present successful the hands of the judges successful that district, until Trump nominates and the Senate confirms a imperishable U.S. lawyer to instrumentality over.
ABC News' Luke Barr and Jack Date contributed to this report.
