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Judge Dismisses Indictments of James Comey and Letitia James After Illegal Prosecutor Appointment

DOJ plans an appeal, with any refile complicated by a potential statute‑of‑limitations bar in Comey’s case.

Overview

  • U.S. District Judge Cameron McGowan Currie on Nov. 24 dismissed both cases after finding Interim U.S. Attorney Lindsey Halligan was unlawfully appointed.
  • Currie ruled Attorney General Pam Bondi’s authority under 28 U.S.C. § 546 expired after an earlier 120‑day interim term, making Halligan’s September installation invalid under statute and the Appointments Clause.
  • Because Halligan was the sole prosecutor who presented and signed the indictments, the court set aside her actions and dismissed the cases without prejudice.
  • The Justice Department says it will immediately appeal to the 4th Circuit and could seek new indictments through a lawfully appointed prosecutor, particularly in the Letitia James matter.
  • Comey’s case faces a distinct hurdle because the five‑year limitations period has expired, and the judge signaled an invalid indictment may not toll that clock, even as separate rulings flagged grand‑jury and investigative missteps.