A federal judge has thrown out the indictments against former FBI Director James Comey and New York Attorney General Letitia James, ruling that Lindsey Halligan was not lawfully appointed as interim U.S. attorney for the Eastern District of Virginia.
U.S. District Judge Cameron Currie concluded that the Justice Department overstepped in its effort to place Halligan in the role.
“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,” Currie wrote.
In court filings, Comey and James argued that letting Halligan’s appointment stand would effectively strip meaning from the 120-day limit on interim appointments and allow the attorney general to sidestep procedures established by Congress.
The Justice Department countered that the Senate has not rejected Halligan and maintained that the attorney general acted within his authority in naming her interim U.S. attorney.
The decision could have repercussions for other cases involving interim appointments and is expected to trigger appeals and renewed debate over how temporary U.S. attorney positions are filled.
Responding to the ruling, President Donald Trump called for stronger action, saying it was the “same old story as last time, all talk, no action,” and warned that ongoing delays were “killing our reputation and credibility.” He also praised Halligan as “a really good lawyer.”
