Overview
- U.S. District Judge Cameron McGowan Currie dismissed both cases after finding Lindsey Halligan’s interim U.S. attorney role violated 28 U.S.C. § 546 and the Constitution’s Appointments Clause.
- The dismissals are without prejudice, and the Justice Department says it will appeal to the 4th Circuit while assessing options to seek new indictments through a lawfully appointed prosecutor.
- Reprosecuting James remains possible, but any new case against Comey faces statute-of-limitations problems, and the judge indicated an invalid indictment does not pause the deadline.
- Halligan, a former White House aide with no prior prosecutorial experience, was installed after interim U.S. attorney Erik Siebert’s 120-day term had lapsed and he resigned under pressure.
- Separate filings had highlighted grand-jury and investigative irregularities, Halligan was the sole prosecutor before the grand juries, and Currie’s rulings did not address the allegations’ merits.