Judge dismisses cases against ex-FBI Director James Comey and NYS Attorney General Letitia “Tish” James, without prejudice, meaning they can be refiled at a later date
The criminal cases against former FBI Director James Comey and New York Attorney General Letitia James Monday, were dismissed by a federal judge on the grounds that interim US Attorney Lindsey Halligan was wrongfully appointed to her position and “had no lawful authority” to present the indictments of either of President Trump’s longtime adversaries.
Attorneys for Comey and James argued that Halligan needed Senate confirmation after Attorney General Pam Bondi used up her 120-day interim appointment on Erik Siebert. Siebert resigned after President Trump publicly criticized him for not bringing charges against the former FBI director.
“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,” U.S. District Judge Cameron Currie wrote in her ruling, finding the indictment should be tossed because the appointment of former Donald Trump personal lawyer Lindsey Halligan was invalid and she’d lacked the authority to present a case to a grand jury.
Both indictments were dismissed without prejudice, which typically means that the cases can be brought again. However, the ruling by senior US District Judge Cameron Currie comes after the expiration of the five-year statute of limitations against Comey, meaning the case against him cannot be reopened.
Comey pleaded not guilty in October to one count of false statements and one count of obstruction of a congressional proceeding related to his testimony before the Senate Judiciary Committee in 2020, amid what critics call Trump’s campaign of retribution against his perceived political foes.
James, who successfully brought a civil fraud case against Trump last year and leads multiple lawsuits challenging his administration’s policies, pleaded not guilty in October to charges that she committed mortgage fraud related to a home she purchased in 2020.
Prosecutors said she falsely described a property she purchased in Norfolk, Virginia, as a second home instead of an investment property to obtain a lower mortgage rate. James said she purchased the property for her great-niece and allowed her and her children to live in the house rent-free.
“I am heartened by today’s victory and grateful for the prayers and support I have received from around the country,” James said in a statement following the ruling. “I remain fearless in the face of these baseless charges as I continue fighting for New Yorkers every single day.”
Abbe David Lowell, the lawyer for New York Attorney General Letitia James, said the court’s order “acknowledges what’s been clear about this case from the beginning. The President went to extreme measures to substitute one of his allies to bring these baseless charges after career prosecutors refused”.
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.”
Unlike the case against Comey, the allegations against James appear to be well within the statute of limitations should the Department of Justice try to pursue the case again.
The orders make Lindsey Halligan the latest Trump administration prosecutor to be disqualified because of the manner in which they were appointed. Monday’s order will likely prompt an appeal process that could lead to three other prominent acting US attorneys — New Jersey’s Alina Habba, Sigal Chattah of Nevada, and Bill Essayli of Los Angeles — leaving their posts.
After both Comey and James were indicted, Bondi attempted to ratify Haligan’s appointment, but Judge Currie rejected that attempt to fix the issue after the fact. She concluded Halligan’s appointment violated laws that limit the ability of the DOJ to install top prosecutors without Senate confirmation.
“The implications of a contrary conclusion are extraordinary. It would mean the Government could send any private citizen off the street — attorney or not — into the grand jury room to secure an indictment so long as the Attorney General gives her approval after the fact. That cannot be the law,” she wrote.
The NAACP, particularly its New York State Conference, condemned the indictment and has rallied in support of James, with leaders calling the charges politically motivated and baseless. They believe the charges are a result of a personal vendetta and are an attempt to silence and punish her for speaking out against injustice. The Slogan: “Hands off Tish” is the central message of this support. The NAACP uses the slogan to call for the charges to be dropped and for federal interference in New York’s state attorney general’s office to cease, as detailed on Instagram and YouTube.
Rev. Al Sharpton, Founder and President of National Action Network (NAN), issued the following statement after a federal judge dismissed charges by the Justice Department against New York State Attorney General Letitia James and former FBI Director James Comey, ruling the prosecutor in both cases was unlawfully appointed.
“The court’s decision today sends a clear message to Donald Trump and his administration that the Justice Department cannot become a weapon to exact political revenge. Whatever the technicality used to toss out these cases, it’s clear that these charges were based on one thing: retribution. Attacking a Black woman who holds elected office by questioning her ability to earn money or own property has become a tired tactic by the right — one the court clearly saw through. While we should never have been in a place where the sitting President can seek to rise above the law to scrutinize those who chose the country over loyalty, this ruling is proof that safeguards still exist in our system.”
