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A federal judge threw out the indictments against James Comey and Letitia James on Monday, finding they were illegitimate because they were brought by an unqualified U.S. attorney.
Judge Cameron Currie dismissed the false statements charges against Comey and bank fraud charges against James without prejudice, meaning the charges could be brought again.
“I conclude that the Attorney General’s attempt to install Ms. Halligan as Interim U.S. Attorney for the Eastern District of Virginia was invalid and that Ms. Halligan has been unlawfully serving in that role since September 22, 2025,” Currie wrote.
The Department of Justice could appeal the decision or attempt to bring the charges again with a different U.S. attorney. Fox News Digital has reached out to the DOJ for comment.
COMEY DENIES CHARGES, DECLARES ‘I AM NOT AFRAID’
Former FBI Director James Comey testifies before the Senate Intelligence Committee about his interactions with President Donald Trump and the Russia investigation on June 8, 2017, in Washington, D.C. (Cheriss May/NurPhoto via Getty Images)
The move to scrap two of the highest-profile criminal cases the DOJ has leveled against President Donald Trump’s political foes comes after the judge voiced skepticism at a recent hearing in Virginia about Lindsey Halligan’s ability to bring the charges as interim U.S. attorney.
Currie, a Clinton appointee based in South Carolina, was brought in from out of state to preside over proceedings about the question of Halligan’s authority because it presented a conflict for the Virginia judges. Comey’s and James’ challenges to Halligan’s appointment were consolidated because of their similarity.
Halligan acted alone in presenting charges to a grand jury days after the prior interim U.S. attorney, Erik Siebert, was ousted. Halligan, who had no prior prosecutorial experience when she took over one of the most high-profile federal court districts in the country, was the lone lawyer to present the cases to the grand jury and sign the indictments. No prosecutors from Virginia joined in on the case.
FEDERAL JUDGE VOICES DOUBT ABOUT TRUMP APPOINTEE’S ABILITY TO CHARGE COMEY, JAMES
Lindsey Halligan, special assistant to the president, speaks with a reporter outside of the White House, Aug. 20, 2025, in Washington, D.C. (Jacquelyn Martin/AP)
The DOJ has since put its full backing behind Halligan. Attorney General Pam Bondi attempted to ratify and then re-ratify the indictments after the fact, a move Currie suggested would not have been necessary if Halligan were a valid appointee.
DOJ attorney Henry Whitaker had argued during the hearing that the motions to dismiss Comey’s and James’ cases involved “at best a paperwork error.”
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James’ attorney Abbe Lowell said Halligan was a “private person” when she entered the grand jury rooms and completely unauthorized to be in them.
This is a breaking story. Check back for updates.
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