Federal Judge Tosses Comey and Letitia James Indictments Over Illegally Appointed Prosecutor

Overview

• U.S. District Judge Cameron McGowan Currie dismissed both cases after ruling that Halligan’s interim U.S. attorney appointment was invalid.
• The dismissals were entered without prejudice, leaving the Justice Department able to appeal and to refile under a properly authorized prosecutor.
• Currie cited federal limits on interim appointments, including a 120‑day cap and a ban on successive interim prosecutors that would bypass Senate confirmation.
• Halligan, a former Trump lawyer with no prior prosecutorial experience, was installed after President Trump ousted career U.S. Attorney Erik Siebert, and she alone presented and signed the indictments.
• Warning that the government’s position would allow “any citizen” to seek indictments with after‑the‑fact approval, the judge issued a rebuke that observers say the government is likely to challenge on appeal.