ABC News
Judge tosses indictments against James Comey and Tish James
The judge ruled that the appointment of the prosecutor in the case was invalid.
ByKatherine Faulders, Alexander Mallin, and Peter Charalambous
November 24, 2025, 7:23 PM
9:47
Judge dismisses criminal cases against James Comey, Letitia JamesA federal judge has dismissed the criminal c…Show more
A federal judge has dismissed the criminal cases against former FBI Director James Comey and New York Attorney General Letitia James on the grounds that the appointment of the U.S. attorney who brought the indictments was invalid.
The judge dismissed the charges without prejudice, meaning the cases could potentially be refiled by an appropriately appointed U.S. attorney.
U.S. District Judge Cameron McGowan Currie concluded that the appointment of Interim U.S. Attorney Lindsey Halligan was unconstitutional and that her actions bringing the case were “unlawful” and “ineffective.”
Judge appears skeptical of government’s actions as Comey, James press to have cases tossed
“Because Ms. Halligan had no lawful authority to present the indictment, I will grant Mr. Comey’s motion and dismiss the indictment without prejudice,” she wrote.
Halligan, President Donald Trump’s handpicked U.S. attorney for the Eastern District of Virginia, sought the indictment of Comey and James over the objections of career prosecutors after Trump forced out previous U.S. attorney Erik Siebert who sources said had resisted bringing the cases.
Halligan, who had no experience as a prosecutor, sought the indictment after Trump, in a social media post, called on Attorney General Pam Bondi to act “NOW!!!” to prosecute Comey, James and Rep. Adam Schiff.
Comey pleaded not guilty in October to one count of false statements and one count of obstruction of a congressional proceeding related to his testimony before the Senate Judiciary Committee in 2020, amid what critics call Trump’s campaign of retribution against his perceived political foes.
