Case Tossed Over Improper Appointment of Prosecutor, Marking a Major Setback for
DOJ and Trump Administration
A federal judge dismissed the criminal charges against former FBI Director James Comey, ruling that the interim U.S. attorney who brought the case was illegally appointed. The dismissal was without prejudice, allowing the possibility for charges to be refiled by a properly appointed prosecutor.
U.S. District Judge Cameron McGowan Currie, based in Alexandria, Virginia, found that Lindsey Halligan, a former Trump attorney appointed as interim U.S. attorney for the Eastern District of Virginia, lacked the legal authority to pursue indictments against Comey.
This appointment followed the controversial removal of previous interim prosecutors amid political pressure targeting figures like Comey and New York Attorney General Letitia James, whose charges were also dismissed in the same ruling.
Judge Currie emphasized that allowing Halligan’s appointment to stand would create a dangerous precedent where any private citizen confirmed by no legislative authority could bring indictments.
Comey was charged in October 2025 with making false statements to Congress and obstructing a congressional proceeding related to his 2020 testimony before the Senate Judiciary Committee. He pleaded not guilty.
The charges stemmed from investigations into leaks and his handling of sensitive information during his tenure as FBI Director.
Legal representatives for Comey argue the charges were politically motivated, initiated under Trump’s administration as retaliation against perceived adversaries.
The dismissal represents a blow to the DOJ’s efforts under political influence and raises constitutional questions on the limits of interim appointments.
With the statute of limitations near expiry, it remains uncertain if any future charges against Comey will be pursued.
