A federal judge dismissed the criminal cases against James Comey and New York Attorney General Letitia James on Monday, issuing a ruling that found Interim U.S. Attorney Lindsey Halligan was improperly appointed, as reported [1] by The Gateway Pundit.
Judge Cameron McGowan Currie, appointed during the Clinton administration, dismissed both cases without prejudice, meaning they may be refiled.
Judge Currie ruled that Halligan’s appointment violated federal law and the Appointments Clause of the U.S. Constitution.
The order stated that “the appointment of Ms. Halligan as Interim U.S. Attorney violated 28 U.S.C. § 546 and the Appointments Clause,” and that “all actions flowing from Ms. Halligan’s defective appointment, including securing and signing Mr. Comey’s indictment, were unlawful exercises of executive power and are hereby set aside.”
The judge added that attempts by the Attorney General to ratify Halligan’s actions “were ineffective and are hereby set aside.”
BREAKING: Comey case dismissed without prejudice. Halligan invalidly appointed, judge rules. https://t.co/2ghuD2IdEy [2] pic.twitter.com/CdgiPzWpcs [3]
— Kyle Cheney (@kyledcheney) November 24, 2025 [4]
Comey’s indictment had been returned by a federal grand jury in the Eastern District of Virginia in September. He was charged with false statements and obstruction of a congressional proceeding.
Comey later filed a motion to dismiss, arguing “vindictive prosecution,” while also challenging Halligan’s appointment. He cited two previous cases in support of his challenge.
Letitia James was indicted by a federal grand jury in the same district last month. According to the Department of Justice, she was charged with Bank Fraud under 18 U.S.C. Section 1344 and False Statements to a Financial Institution under 18 U.S.C. Section 1014.
She filed her own motion to dismiss, similarly arguing that Halligan’s appointment as Interim U.S. Attorney violated the Appointments Clause. She also asked Judge Jamar Walker, who was overseeing her case, to consolidate her challenge with Comey’s, and the request was granted.
I am heartened by today’s victory and grateful for the prayers and support I have received from around the country.
I remain fearless in the face of these baseless charges as I continue fighting for New Yorkers every single day.https://t.co/QHlmz5v4Se [5]
— NY AG James (@NewYorkStateAG) November 24, 2025 [6]
Attorney General Pam Bondi addressed the issue by retroactively formalizing Halligan’s employment status. Bondi wrote [7] in an order dated October 31 that “on September 22, 2025, I exercised the authority vested in the Attorney General by 28 U.S.C. § 546 to designate and appoint Lindsey Halligan as the United States Attorney for the Eastern District of Virginia.”
Bondi added, “for the avoidance of doubt as to the validity of that appointment… I hereby appoint Ms. Halligan to the additional position of Special Attorney, as of September 22, 2025, and thereby ratify her employment as an attorney of the Department of Justice from that date going forward.”
Bondi’s order stated that Halligan, as a special attorney, has the authority to conduct proceedings before judges and magistrates, including grand jury matters.
“As Special Attorney, Ms. Halligan has authority to conduct, in the Eastern District of Virginia, any kind of legal proceeding, civil or criminal, including grand jury proceedings and proceedings before United States Magistrates and Judges,” Bondi wrote.
Judge Currie dismissed both indictments simultaneously on Monday. Letitia James publicly celebrated the ruling.