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A federal judge has dismissed the criminal indictments against former FBI Director James Comey and New York Attorney General Letitia James, finding that the prosecutor overseeing both cases was not lawfully appointed.

Lindsey Halligan, interim U.S. Attorney for the Eastern District of Virginia, was serving in the role illegally since she was appointed in September, U.S. District Judge Cameron Currie said.  Additionally, Attorney General Pam Bondi’s attempt to install Halligan was invalid.

According to Monday’s <a href="https://storage.courtlistener.com/recap/gov.uscourts.vaed.582135/gov.uscourts.vaed.582135.213.0.pdf">filing</a>, the judge sided with Comey and agreed that Halligan lacked the authority to present a case to a grand jury. Comey had moved to dismiss the case.

"Because Ms. Halligan had no lawful authority to present the indictment, I will grant Mr. Comey’s motion and dismiss the indictment," Currie wrote.

The judge also issued a separate ruling, <a href="https://storage.courtlistener.com/recap/gov.uscourts.vaed.583342/gov.uscourts.vaed.583342.140.0_2.pdf">dismissing James's case.</a>

<a href="https://apnews.com/article/comey-james-justice-department-5ec1a59d152bc1fd000ade15e20745b5">Halligan was chosen</a> to prosecute the two cases after interim U.S. attorney Erik Siebert was effectively forced out following pressure from the Trump administration to file charges against Comey and James.

Siebert resigned following more than 120 days in the role.

<a href="https://apnews.com/article/comey-james-justice-department-5ec1a59d152bc1fd000ade15e20745b5">At that point</a>, the judges of the federal court district had the exclusive authority to decide who should replace him, not the Department of Justice (DOJ).

“The 120-day clock began running with Mr. Siebert’s appointment on January 21, 2025. When that clock expired on May 21, 2025, so too did the Attorney General’s appointment authority,” Currie wrote.

Comey and James are both well-known political opponents of President Donald Trump.

Comey and Trump had a very contentious relationship, most notably over the FBI’s probe into potential links between the president’s 2016 campaign and the Russian government.  Trump fired Comey in 2017.

Comey celebrated the news in a <a href="https://x.com/breaking911/status/1993049021422711220?s=46">video statement</a> on social media.

“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 DOJ has become under Donald Trump, which is heartbreaking."

The animosity between James and Trump stems from yearslong accusations and legal battles. When she was still running for attorney general in 2018,  James announced her intent to probe Trump’s real estate business. In 2022, James launched a civil lawsuit against Trump and his adult children, alleging they fraudulently inflate the value of assets to deceive lenders and insurers.

Both their indictments were dismissed on Monday "without prejudice," which means that there’s a possibility the cases could be brought again in the future under a new and properly-appointed prosecutor.

The <a href="https://x.com/rapidresponse47/status/1993056120588374178?s=46">White House said</a> the DOJ will appeal the decisions.

“Everybody knows that James Comey lied to Congress, it's as clear as day — and this judge took an unprecedented action ... to shield James Comey and Letitia James from accountability ... I know the Department of Justice will be appealing this in very short order,” White House press secretary Karoline Leavitt said.

<em>The Associated Press contributed to this report.</em>

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