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Judge Tosses Comey and Letitia James Indictments Over Illegal Prosecutor Appointment

The court said the attorney general’s interim appointment power lapsed after 120 days under Section 546, leaving the government to appeal or try to refile.

Overview

  • U.S. District Judge Cameron McGowan Currie ruled Lindsey Halligan had been unlawfully serving as interim U.S. attorney since September, voiding actions she took including both indictments.
  • The opinion interprets 28 U.S.C. § 546 to allow a single 120‑day interim term that began with Erik Siebert’s January 21, 2025 appointment and ended May 21, after which only the district court could fill the vacancy.
  • The dismissals are without prejudice, and the White House said the Justice Department will appeal, though any new case against Comey faces a likely statute‑of‑limitations bar.
  • Halligan, a former White House aide with no prior prosecutorial experience, was the sole prosecutor before the grand juries after President Trump publicly urged prosecutions of his critics.
  • The ruling aligns with a broader pattern of courts questioning recent interim U.S. attorney appointments and intensifies scrutiny of the Justice Department’s staffing and charging decisions.