A federal judge on Monday threw out criminal cases against former FBI Director James Comey and New York Attorney General Letitia James, ruling that President Donald Trump’s handpicked prosecutor was illegally installed.
Judge Cameron McGowan Currie, a Clinton appointee, wrote in her Monday orders that former White House official Lindsey Halligan “has been unlawfully serving” as interim US attorney for the Eastern District of Virginia and that “all actions flowing” from her appointment “constitute unlawful exercises of executive power and must be set aside.”
Halligan is a Trump loyalist with no prior experience as a prosecutor—something that quickly became apparent as she made glaring mistakes in pursuit of charges against Comey and James, frequent targets of the president’s ire. The charges against Comey and James were widely seen as flimsy and politically motivated.
Halligan was installed in late September, just two days after Trump fired off a since-deleted social media post complaining about the lack of action against Comey and James. Currie highlighted the post in her order.
“Lindsey Halligan is a really good lawyer, and likes you, a lot,” Trump wrote, directing his message at Attorney General Pam Bondi. “We can’t delay any longer, it’s killing our reputation and credibility.”
Halligan’s predecessor, Erik Siebert, resigned under pressure from the Trump administration for declining to seek indictments against Comey and James. Siebert privately voiced concern that there wasn’t enough evidence to pursue charges.
Currie ruled that Halligan’s Trump-directed appointment violated 28 US Code § 546 and the Appointments Clause of the Constitution. The Comey and James cases were dismissed without prejudice, meaning the Trump administration could try to install a new prosecutor to revive the charges—though the statute of limitations in Comey’s case expired at the end of September.
Democracy Docket notes that Halligan “is the fourth Trump-appointed acting US attorney deemed to be serving unlawfully.”
James, who brought a civil suit against Trump in 2022 for “fraudulent and misleading asset valuations,” said Monday that she was “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,” James added.
Abbe David Lowell, James’ attorney, said Monday that “this case was not about justice or the law; it was about targeting Attorney General James for what she stood for and who she challenged.”
“We will continue to challenge any further politically motivated charges through every lawful means available,” said Lowell.
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