Judge tosses charges against Letitia James and James Comey over illegal prosecutor appointment

A federal judge has thrown out criminal charges against New York Attorney General Letitia James and former FBI director James Comey, ruling that the prosecutor who brought the cases was appointed illegally, voiding the indictments entirely.

On Monday, District Judge Cameron McGowan Currie said Lindsey Halligan, the interim US attorney overseeing the cases, had “no legal authority” to file the charges.

“All actions flowing from Ms Halligan’s defective appointment”, including the indictments against Comey and James, were unlawful exercises of executive power and are hereby set aside”, Currie ruled.

The decision deals a clear blow to President Donald Trump’s administration, which had pushed aggressively for the prosecutions.

Comey welcomed the ruling, calling the case against him “a prosecution based on malevolence and incompetence and a reflection of what the Department of Justice has become under Donald Trump”. He added that the president “cannot use the Department of Justice to target his political enemies”.

James echoed the relief, saying she was “heartened by today’s victory” and remained “fearless in the face of these baseless charges” as she continues her work for New Yorkers.

Still, the door is not fully closed. Currie dismissed the cases without prejudice, meaning they can technically be refiled, though she underscored that Halligan “had no legal authority” to bring them in the first place.

The White House hit back quickly. Press Secretary Karoline Leavitt branded Currie a “partisan judge” and said the administration would appeal.

“The Department of Justice will be appealing very soon,” she said, maintaining that Halligan was “extremely qualified” and “legally appointed”.

Halligan’s role has been controversial from the start. She was installed in September after Trump clashed with her predecessor, Erik Siebert, who reportedly refused to pursue charges against James for lack of evidence. Trump publicly claimed he had fired Siebert and insisted there was “a GREAT CASE”.

Before taking the post, Halligan had no prosecutorial experience and was known primarily for insurance law and for previously serving as Trump’s personal lawyer, raising broader questions about politicisation inside the Justice Department.