A federal judge dismissed the criminal indictments against former FBI Director James Comey and New York Attorney General Letitia James on Monday, ruling that President Donald Trump’s interim U.S. attorney in Virginia had no constitutional authority to bring either case.
Senior U.S. District Judge Cameron McGowan Currie issued back-to-back orders invalidating every action taken by Lindsey Halligan, Trump’s former personal lawyer-turned-federal prosecutor, after finding that her appointment violated federal law and the appointments clause. The cases were consolidated for the purpose of deciding whether Halligan’s authority was lawful.
“The appointment of Ms. Halligan as Interim U.S. Attorney violated 28 U.S.C. § 546 and the Appointments Clause,” Currie wrote in both orders. She held that all actions flowing from Halligan’s “defective appointment,” including securing and signing the indictments against Comey and James, were “unlawful exercises of executive power.”
The rulings mark the most sweeping legal repudiation yet of Trump’s effort to remake the Justice Department with loyal prosecutors. Currie said Attorney General Pam Bondi’s attempts to retroactively ratify Halligan’s actions were also ineffective and are “hereby set aside.”
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Both indictments were dismissed without prejudice, meaning the Justice Department may attempt to recharge the defendants under a lawfully appointed U.S. attorney. Currie ruled that until the president nominates and the Senate confirms a permanent U.S. attorney, the power to select an interim one now lies with the district court itself.
The judge denied as moot James’s request for an injunction blocking Halligan from participating further, noting that Halligan no longer has any role in the proceedings.
This is a developing story and will be updated.