The White House is pushing back after a federal judge dismissed, without prejudice, the criminal cases against former FBI Director James Comey and New York Attorney General Letitia James.
On Monday, U.S. District Judge Cameron McGowan Currie ruled that Lindsey Halligan’s actions as interim U.S. Attorney were invalid because she was appointed just two days before Comey’s case despite having no prior prosecutorial experience. As a result, her role in signing the indictments was deemed legally defective.
White House press secretary Karoline Leavitt told reporters that the Justice Department intends to challenge the decision. “Lindsey Halligan was legally appointed … the Department of Justice will be appealing very soon,” she said. “It is our position that Lindsey Halligan is extremely qualified for this position, but more importantly, was legally appointed to it.”
Why the Ruling Matters
Currie’s decision halts, at least temporarily, two high-profile prosecutions targeting two of the president’s most visible political opponents and delivers a sharp setback to the administration’s effort to rely on a loyal but relatively inexperienced prosecutor to bring the cases.
Comey had been charged with making a false statement and obstructing Congress, stemming from his testimony about the FBI’s handling of politically sensitive investigations and its 2016 Russia probe. James faced charges connected to a mortgage-fraud investigation. Both indictments were filed within days of each other following what prosecutors acknowledged was pressure from President Trump to pursue officials who have long been among his fiercest critics.
What Could Happen Next
Because the judge dismissed the cases without prejudice, prosecutors technically retain the option to revive them—if a properly appointed U.S. attorney signs new charging documents. That possibility will likely depend on the outcome of a planned appeal, which the Justice Department is expected to file in the coming days.
If the department moves forward with an appeal, the case would go to the 4th U.S. Circuit Court of Appeals. There, government lawyers would have to defend Halligan’s appointment and argue that the indictments should stand despite Currie’s findings. An appeal would also temporarily freeze efforts by Comey and James to pursue their remaining claims, including accusations of vindictive prosecution and grand jury misconduct.
If the ruling is upheld, the Justice Department could still try to refile the charges under new leadership in the U.S. attorney’s office. Defense attorneys for both Comey and James have already signaled they would aggressively fight any renewed prosecution, arguing that the original process was so flawed that any subsequent case would be irreparably tainted.
How Key Figures Are Responding
Attorney General Pam Bondi said Monday that the government intends to press forward. “We’ll be taking all available legal action, including an immediate appeal to hold Letitia James and James Comey accountable for their unlawful conduct,” she said.
Addressing Comey directly, Bondi added, “I’m not worried about someone who has been charged with a very serious crime. His alleged actions are a betrayal of public trust.”
Leavitt was asked whether the president is now more determined, following the ruling, to pursue Comey and James. “I wouldn’t say he’s ‘going after’ them,” she replied. “I think the president is more determined than ever to see accountability in this country. And to correct the wrongs of the weaponization of our justice system that we saw under the previous administration and Joe Biden.”
Comey, who has pleaded not guilty to charges of making a false statement and obstructing Congress, celebrated the decision. In a video statement, he called the now-ended prosecution “based on malevolence and incompetence” and said it reflected “what the Justice Department has become under Donald Trump, which is heartbreaking.”
James, a Democrat who has pleaded not guilty to the mortgage-fraud allegations, issued a separate statement, saying: “I am heartened by today’s victory and grateful for the prayers and support I have received from around the country.” She added that she remains “fearless in the face of these baseless charges as I continue fighting for New Yorkers every single day.”
The Road Ahead
For the moment, the indictments against Comey and James are void. But the legal, political, and institutional fallout from Currie’s rulings is likely to unfold over the coming months, as the Justice Department weighs its next move and the courts consider how far the government can go in reshaping its own chain of command to pursue politically charged cases.
