A federal judge has dismissed criminal indictments against former FBI Director James Comey and New York Attorney General Letitia James, ruling that the prosecutor who brought the cases was unlawfully appointed.
U.S. District Judge Cameron Currie found that Lindsey Halligan, appointed as interim U.S. attorney for the Eastern District of Virginia, lacked the authority to present the cases to a grand jury or sign the indictments.
The decision stems from Halligan's appointment by Attorney General Pam Bondi at President Donald Trump's direction, following the removal of her predecessor who resisted pursuing the charges.
Halligan, a former Trump attorney with no prior prosecutorial experience, acted alone in securing the indictments.
The dismissals were issued without prejudice, allowing potential refiling by a different prosecutor.
Comey and James challenged Halligan's appointment, arguing it violated federal law limiting interim U.S. attorney terms to 120 days unless confirmed by the Senate.
Halligan's predecessor, Erik Siebert, had been extended beyond that limit by district judges after his initial appointment.
Lawyers for the defendants contended that after Siebert's departure, the appointment authority reverted to the judges, not the attorney general.
The Justice Department defended the appointment as valid, noting Halligan's nomination was pending Senate confirmation.
Currie rejected this argument, describing Halligan's actions as unlawful exercises of executive power.
She highlighted the unique circumstance where Halligan solely handled the grand jury proceedings.
The ruling could affect other cases in the district, including a challenge by Kabul airport bombing suspect Mohammad Sharifullah to Halligan's involvement.
Similar disqualifications have occurred in other districts, leading to appeals by the Justice Department.
Comey faced charges of making false statements to Congress and obstructing an investigation.
James was charged with bank fraud and making false statements to a financial institution.
Both pleaded not guilty.
James expressed relief at the decision and vowed to continue her work. Her attorney criticized the charges as politically motivated.
Additional motions seeking dismissal with prejudice remain pending, alleging selective and vindictive prosecution.
The cases arose amid Trump's public calls for action against perceived adversaries.