Federal Case Against NY AG Letitia James, ex-FBI James Comey Dismissed

The federal criminal cases against New York Attorney General Letitia James and former FBI Director James Comey were dismissed on Monday after a judge found the prosecutor who brought the cases against the two individuals "had no lawful authority" to bring them.

South Carolina Federal Judge Cameron McGowan Currie said that Lindsey Halligan, President Donald Trump's acting U.S. Attorney for the Eastern District of Virginia, was unlawfully appointed, agreeing with James who had asked the judge to dismiss the indictment.

James pleaded not guilty in October to charges of alleged mortgage fraud, after she was indicted earlier that month by the U.S. Department of Justice under President Donald Trump's urging.

The case was dismissed because Halligan was not appointed legally, a move that defied what is known as the "Appointments Clause," as the clock had run out for U.S. Attorney General Pam Bondi to appoint an interim within 120-days of Jan. 21, 2025. Bondi had first appointed Erik Siebert as the interim attorney on that date, who then resigned on Sept. 19 after the president criticized him for not bringing charges against Comey. 

Judge Currie said the 120-day clock started on Siebert's appointment on Jan. 21, and when that clock expired on May 21, so did Bondi's authority. 

"Consequently, I conclude that the Attorney General’s attempt to install Ms. Halligan as Interim U.S. Attorney for the Eastern District of Virginia was invalid and that Ms. Halligan has been unlawfully serving in that role since Sept. 22, 2025," she wrote.

The judge said the Appointments Clause “is more than a matter of etiquette or protocol; it is among the significant structural safeguards of the constitutional scheme.”

"The Clause not only serves as a bulwark against one branch aggrandizing its power at the expense of another, but also preserves another aspect of the Constitution’s structural integrity by preventing the diffusion of the appointment power,” she wrote.

The indictment was dismissed without prejudice, which means the case could be brought again at a later date.

“I am heartened by today’s victory and grateful for the prayers and support I have received from around the country," James said in a statement. "I remain fearless in the face of these baseless charges as I continue fighting for New Yorkers every single day.”