In a significant legal development, a federal judge has ordered the dismissal of criminal charges against former FBI director James Comey and New York Attorney General Letitia James. The ruling, delivered on Monday, November 24, 2025, was based on the finding that the interim U.S. attorney who secured their indictments was unlawfully appointed to her role.
Grounds for Dismissal: A Defective Appointment
U.S. District Judge Cameron Currie concluded that Lindsey Halligan's appointment as interim U.S. attorney for the Eastern District of Virginia violated both a federal statute and the Constitution's Appointments Clause. The judge described her September 22 appointment as "defective," rendering all subsequent actions, including the signing of the indictments, an unlawful exercise of executive power.
Judge Currie ordered the indictments to be dismissed without prejudice, meaning prosecutors could theoretically refile the charges. However, in the case of James Comey, this path is effectively blocked as the judge noted that the statute of limitations for the alleged offenses expired at the end of September.
Political Undertones and Legal Arguments
The dismissals mark a substantial victory for Comey and James, who had both argued that their prosecutions were politically motivated. They contended the cases were part of U.S. President Donald Trump's efforts to target his political foes.
Lawyers for the two officials are also pursuing additional legal arguments to have the indictments permanently thrown out. They have filed motions claiming the prosecutions were vindictive and selective. The judge overseeing Comey's case heard arguments on this motion last week but has not yet issued a ruling.
Reactions from the Defendants
Following the court's decision, both James and Comey released statements expressing relief and condemning the nature of the charges.
Letitia James stated, "I am 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."
In a video statement, James Comey said, "The message has to be sent that the president of the United States cannot use the Department of Justice to target his political enemies. I'm grateful that the court ended the case against me, which was a prosecution based on malevolence and incompetence and a reflection of what the Department of Justice has become under Donald Trump, which is heartbreaking."
The Justice Department is expected to appeal the judge's rulings and seek a stay on the dismissals. The case continues to highlight the intense political and legal battles characterizing the era.
