U.S. District Judge Cameron McGowan Currie dismissed criminal cases against New York Attorney General Letitia James and former FBI Director James Comey on Monday, and ruled that interim U.S. Attorney Lindsey Halligan was unlawfully appointed.
The dismissal came on technical grounds rather than on the merits of the criminal charges.
Currie, an appointee of former President Bill Clinton, ruled Halligan lacked authority to present cases to grand juries because her appointment violated the Appointments Clause of the Constitution.
“I agree with Mr. Comey that the Attorney General’s attempt to install Ms. Halligan as Interim U.S. Attorney for the Eastern District of Virginia was invalid. And because Ms. Halligan had no lawful authority to present the indictment, I will grant Mr. Comey’s motion and dismiss the indictment,” Currie wrote in her ruling.
“I conclude that all actions flowing from Ms. Halligan’s defective appointment, including securing and signing Mr. Comey’s indictment, constitute unlawful exercises of executive power and must be set aside.”
Currie ordered the indictments against Comey and James immediately dismissed without prejudice, which would allow prosecutors to re-charge the two with a different appointed U.S. Attorney. The Justice Department is likely to appeal the decisions.
Comey faced charges of making a false statement and obstructing Congress stemming from his September 2020 testimony to the Senate Judiciary Committee. During that testimony, Comey denied authorizing another person at the FBI to act as an anonymous source for news reports about an investigation of 2016 Democratic presidential nominee Hillary Clinton and her emails. Authorities said he lied about that while under oath.
James faced charges of bank fraud and making a false statement to a financial institution related to mortgage fraud allegations.
Halligan was appointed interim U.S. Attorney for the Eastern District of Virginia in September after her predecessor, Erik Siebert, resigned under pressure. Siebert had resisted bringing charges against Comey and James.
President Donald Trump posted on Truth Social days before Comey’s indictment, writing “JUSTICE MUST BE SERVED, NOW!!!” Five days after the post, Halligan presented the Comey case to a grand jury.
Comey was indicted just days before a five-year statute of limitations on the charges expired. The statute of limitations has now passed.
Senate Judiciary Committee Chairman Chuck Grassley said at the time of Comey’s indictment, “If the facts and the evidence support the finding that Comey lied to Congress and obstructed our work, he ought to be held accountable.”
Republican Senator Eric Schmitt said in a post on X at the time of the indictment, “As I said last month, it’s time to expose the lies and corruption from people like James Comey.”
Currie is a Bill Clinton appointee based in South Carolina. She was appointed to oversee the challenge to Halligan’s appointment instead of a judge from the Eastern District of Virginia since local judges would be involved in selecting Halligan’s replacement.
Dismissal of James Comey and Letitia James cases is NOT based on the merits.
This is a technical ruling that will be appealed. Expect the cases to be refiled and to move forward eventually.
This dismissal is likely only a delay of the inevitable.pic.twitter.com/NzJOMgbxWF
— Paul A. Szypula 🇺🇸 (@Bubblebathgirl) November 24, 2025