Nov. 24 (UPI) — A federal judge on Monday tossed criminal cases against former FBI Director James Comey and New York Attorney General Letitia James, finding the appointment of interim U.S. Attorney Lindsey Halligan in Alexandria, Va., to be “invalid.”
In a 29-page ruling, US District Judge Cameron Currie of South Carolina ordered the charges dismissed without prejudice. That means prosecutors can seek charges again. The Department of Justice may also appeal to a higher court or not pursue charges.
Defense attorneys in both cases argued that the 120-day period an interim U.S. attorney is allowed to serve before confirmation by the Senate or approval by district judges had already expired when President Donald Trump directed Attorney General Pam Bondi to appoint Halligan to serve as U.S. attorney.
Halligan, who had no previous trial experience, was appointed to replace Erik Siebert, who left the post abruptly in September amid concerns he would be forced out for failing to prosecute James. Siebert, himself, was selected to be the interim US attorney in January, meaning the position was already filled for the legal limit of 120 days for the interim.
“The attorney general’s attempt to install Ms. Halligan as interim United States attorney for the Eastern District of Virginia was invalid,” Currie wrote in her Monday order.
James Comey, former director of the Federal Bureau of Investigation, testifies via video conference during a Senate Judiciary Committee hearing in Washington, DC on September 30, 2020. A federal judge dismissed a case against him. File Pool Photo by Stefani Reynolds/UPI
“All actions resulting from the defective appointment of Ms. Halligan were illegal exercises of executive power and are hereby dismissed.”
Prosecutors working under Halligan have argued that Bondi has full authority to appoint someone to the position as long as they are qualified. The 12-day period serves as a kind of check-in system.
Letitia James, the Attorney General of New York, attends the National 78th Precinct Night Out in Brooklyn on Tuesday, August 5, 2025 in New York City. The Justice Department has sent a pair of subpoenas to New York Attorney General Letitia James as part of a probe into her bombshell civil fraud case against President Donald Trump Photo by Derek French/UPI
The judge disagreed.
“The implications of a contrary conclusion are extraordinary,” Currie wrote. “It would mean that the government could send any private citizen off the street — lawyer or not — into the grand jury room to secure an indictment as long as the attorney general approves it after the fact. That cannot be the law.”
Bondi also named her a special counsel, applied retroactively, and ratified her work before the grand jury and the signature on the indictment.
Within days of Halligan’s appointment as US attorney, she personally presented both cases to grand juries. The five-year statute of limitations in Comey’s case would have expired shortly after Halligan’s appointment had the grand jury not indicted him.
On September 25, Comey was charged with making a false statement to Congress and obstructing a congressional proceeding. In Alexandria, Va., US District Judge Michael S. Nachmanoff, who was overseeing this case, set a trial date for January 5. He was nominated by President Joe Biden.
On October 9, a grand jury in Norfolk, Va., indicted James on mortgage fraud involving a home loan. US District Judge Jamar Walker, also appointed by Biden, set a trial date for January 26.
Comey and James, who pleaded not guilty to their respective charges, were targeted by Trump for legal action against him.
“I am heartened by today’s victory and grateful for the prayers and support I have received from across the country,” said James in a statement in response to the sentence. “I remain undaunted in the face of these baseless accusations as I continue to fight for New Yorkers every day.”
Currie is a senior district judge representing the district of South Carolina. She was chosen to determine the legality of Halligan’s appointment because of a potential conflict of interest for judges in the Eastern District of Virginia, where the case was filed. Currie was appointed by President Barack Obama.
Prosecutors from South Carolina were used in the cases instead of Virginia.
Halligan is a former insurance attorney who helped defend Trump in a criminal case by former special counsel Jack Smith.
On September 30, 2020, senators questioned Comey about his handling of the 2016 FBI investigations into pro-Trump election interference by Russia and Hillary Clinton’s use of a private email server.
There was a contentious back and forth between Comey and then-Sen. Ted Cruz, R-Texas.
Cruz said in the 2020 questioning that former FBI Deputy Director Andrew McCabe “stated publicly and repeatedly that he released information to The Wall Street Journal and that you were directly aware of it and that you directly authorized it.”
“Now, what Mr. McCabe is saying and what you have testified to this committee cannot both be true. One or the other is false,” said the senator to Comey. “Who is telling the truth?”
“I can only speak for my testimony. I stand by the testimony,” Comey replied.
McCabe was fired in 2018 days before he was due to retire.
Comey was fired by Trump on May 9, 2017, three months after he first became president. Comey, appointed to a 10-year term by Obama in 2013, lost his job over his handling of the Hillary Clinton email investigation and the ongoing FBI investigation into Russian interference in the 2016 election.
In James’ case, the Justice Department accused her of falsely claiming a Norfolk, Va., property she bought in 2020 would be her primary residence to get better mortgage terms. US District Judge Jamar Walker set a trial date for January 26.
James filed a civil fraud lawsuit against Trump and his businesses. An appeals court confirmed that Trump committed fraud, although the amount of the fine, which had exceeded $500 million with interest, was overturned for recalculation