Federal Judge Tosses Comey, Letitia James Indictments—Cites Unlawful Trump-Appointed Prosecutor

A federal judge in Virginia has thrown out criminal indictments against former FBI Director James Comey and New York Attorney General Letitia James, ruling that the Trump-appointed interim U.S. attorney who brought the cases was unlawfully installed.

Senior U.S. District Judge Cameron McGowan Currie, a Bill Clinton appointee, issued the stinging rebuke Monday, declaring that Interim U.S. Attorney Lindsey Halligan’s appointment violated federal law and the Constitution’s Appointments Clause.

"The appointment of Ms. Halligan as Interim U.S. Attorney violated 28 U.S.C. § 546 and the Appointments Clause of the U.S. Constitution," Currie wrote. "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 also invalidated Attorney General Pam Bondi’s last-ditch attempt to retroactively re-designate Halligan as a "special attorney," calling the move ineffective.

Currie dismissed both indictments without prejudice, meaning prosecutors could theoretically refile the charges if they find a lawfully appointed U.S. attorney willing to sign them.

Comey had been indicted in September on two felony counts: making false statements to Congress and obstructing a congressional proceeding.

James was indicted in October on bank fraud and making false statements to a financial institution stemming from an allegedly misrepresented mortgage application.

Defense lawyers for both Democrats successfully argued that Halligan, a former Trump White House aide with no prior prosecutorial experience, took office after the statutory 120-day window for interim appointments had long expired.

Currie warned that upholding the appointment would allow the executive branch "to evade the Senate confirmation process indefinitely by stacking successive 120-day appointments."

In a statement after the ruling, New York Attorney General Letitia James declared victory.

"I am heartened by today’s victory and grateful for the prayers and support I have received from around the country," James said. "I remain fearless in the face of these baseless charges as I continue fighting for New Yorkers every single day."

The Justice Department has yet to release a statement about the dismissal of both cases.

The twin dismissals mark a major setback for the Trump administration’s aggressive push to prosecute high-profile detractors, a campaign President Trump himself repeatedly demanded on social media.

In the end, a Clinton-era judge just slammed the door, at least for now, on what many conservatives hoped would be the opening act of long-overdue accountability for the Deep State’s most notorious figures.

Instead, Comey and James walk free again, shielded by the very constitutional technicalities they once weaponized against others.

The score: Swamp 2, Justice 0.