Judge dismisses federal cases against Comey, Letitia James, rules prosecutor unlawfully appointed

A federal judge on Monday dismissed the criminal indictments against former FBI Director James Comey and New York Attorney General Letitia James (D) after finding the prosecutor who brought the cases was not lawfully appointed.

The prosecutor, Lindsey Halligan, was appointed by Attorney General Pam Bondi.

"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," U.S. District Judge Cameron Currie wrote in her ruling, finding the indictment should be tossed because the appointment of former Donald Trump personal lawyer Lindsey Halligan was invalid and she lacked the authority to present a case to a grand jury.

Halligan was appointed to her position after former U.S. Attorney Erik Siebert resigned over pressure to indict Comey and James. 

Comey was charged in September with obstruction of justice and making a false statement to Congress in 2020. He pleaded not guilty to both charges and challenged the legitimacy of the case brought by Halligan.

James was indicted for one count of bank fraud and one count of making a false statement to a financial institution. She pleaded not guilty to the charges.

According to the indictment, James purchased a house in Norfolk, Va., with a loan that prohibited her from using the home as a rental investment property, which prosecutors allege saved her “approximately $18,933 over the life of the loan.”