Judge throws out indictments of James Comey and Letitia James over prosecutor’s unlawful appointment
WASHINGTON, DC: A federal judge on Monday, November 24, dismissed the criminal indictments against former FBI Director James Comey and New York Attorney General Letitia James, ruling that the prosecutor who brought the charges, former Trump attorney Lindsey Halligan, was not lawfully appointed.
US District Judge Cameron Currie agreed with Comey’s argument that Halligan lacked legal authority to present the cases to a grand jury.
“Because Ms Halligan had no lawful authority to present the indictment, I will grant Mr Comey’s motion and dismiss the indictment,” Currie wrote, adding that “all actions flowing from Ms Halligan’s defective appointment… were unlawful exercises of executive power and are hereby set aside.”
Currie issued a separate, nearly identical ruling dismissing the indictment of Letitia James.
Judge cites unprecedented case of lone unauthorized prosecutor
In striking down the indictments, Currie described an extraordinary situation in which an improperly appointed federal prosecutor single-handedly ran grand jury proceedings.
“This case presents the unique, if not unprecedented, situation where an unconstitutionally appointed prosecutor… acted alone in conducting a grand jury proceeding and securing an indictment,” the ruling said.
Halligan had been named interim US attorney for the Eastern District of Virginia at President Donald Trump’s direction. According to the court, she was the only prosecutor to present evidence and sign the indictments, a key factor in voiding both cases.
The US attorney’s office declined to comment, and neither Halligan nor officials at the Justice Department or White House responded to requests for comment.
Letitia James and her lawyer praise decision
New York Attorney General Letitia James welcomed the ruling.
“I am heartened by today’s victory and grateful for the prayers and support I have received from around the country,” she said. “I remain fearless in the face of these baseless charges as I continue fighting for New Yorkers every single day.”
Her attorney, Abbe Lowell, said the ruling confirmed what had been “clear from the beginning.”
“The president went to extreme measures to substitute one of his allies to bring these baseless charges after career prosecutors refused,” Lowell said, adding that the defense would continue challenging any further “politically motivated” prosecutions.
Both dismissals were issued “without prejudice,” meaning the cases could be refiled, though defense teams have pending motions seeking dismissal “with prejudice,” which would bar reindictment.
Lindsey Halligan's appointment faces scrutiny in multiple cases
The judge’s finding could influence other cases initiated during Halligan’s short and controversial tenure.
A high-profile defendant in another prosecution led by Halligan’s office on the Kabul airport bombing suspect Mohammad Sharifullah has already challenged her authority. His motion remains pending.
Other federal prosecutions have also faltered under similar concerns. In New Jersey, the disqualification of US Attorney Alina Habba has left numerous criminal cases in limbo.
During a November 13 joint hearing, Currie expressed skepticism after Justice Department lawyers brushed off irregularities in Halligan’s appointment as “a paperwork error.” Comey’s attorney argued instead that the flaw was “fatal” to the prosecution.
Comey had been charged with making false statements to Congress and obstructing a congressional investigation. James reportedly faced charges of bank fraud and making a false statement to a financial institution. Both had pleaded not guilty.
