A federal judge has dismissed criminal charges against former FBI Director James Comey and New York Attorney General Letitia James, ruling that the prosecutor who brought the indictments was never legally allowed to serve in the role. The decision immediately halted two high-profile cases that had drawn intense political attention.
The ruling centers on the appointment of Lindsey Halligan, a former White House aide chosen by President Donald Trump to pursue charges against two officials he has publicly criticised. Judge Cameron Currie concluded that Halligan’s appointment violated the statute governing interim US attorneys, making every action she took invalid.
In her written opinion, Judge Currie said Halligan was appointed after the statutory time window for interim appointments had expired. That window opened on 21 January with the designation of interim US attorney Erik Siebert and closed on twenty one May. Halligan took office on twenty two September, which the judge said placed her outside the law.
Currie wrote that any step Halligan took, including presenting evidence to a grand jury and signing Comey’s indictment, “were unlawful exercises of executive power and are hereby set aside.”
Read Also: US: Trump Plan To Label Muslim Brotherhood A Terrorist Group
Halligan, who had never prosecuted a case before taking the position, was brought in after Siebert resigned amid pressure from the administration to file charges against both Comey and James.
The White House pushed back after the ruling, telling the BBC that the factual basis of the indictments “has not changed” and that the decision “will not be the final word on this matter.” Press Secretary Karoline Leavitt said the Justice Department plans to appeal and defended Halligan’s appointment as lawful.
Leavitt also accused the judge of “trying to shield” Comey and James from prosecution. The Justice Department did not immediately comment when contacted by the BBC.
The cases were dismissed without prejudice, meaning prosecutors could bring new charges if a future court upholds the appointment or a new prosecutor reviews the evidence.
Comey said he welcomed the dismissal and called the prosecution “malevolence and incompetence,” while warning that “Trump will probably come after me again.” Trump dismissed Comey during his first term after Comey oversaw the FBI inquiry into Russian interference in the 2016 election.
Comey had been charged in September with obstruction and making false statements following Trump’s public demand for his prosecution and his directive to install a new federal prosecutor.
James, who faced charges of bank fraud and making false statements to a financial institution, said she was “heartened by today’s victory” and added that she would “continue fighting for New Yorkers every single day.”
James previously pursued civil and criminal actions involving Trump before he returned to the White House, making her a frequent target of his criticism.
The dismissed cases were among the most closely followed legal actions involving Trump’s political opponents. The decision adds a new test for the administration as it continues pursuing investigations and prosecutions that have generated significant partisan scrutiny.
