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Comey and James — two of President Donald Trump’s longtime adversaries — may not be in the clear yet.
Brendan RasciusIn New YorkTuesday 25 November 2025 17:00 GMTComments
CloseJames Comey reacts to dismissal of Trump admin's case against him
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On Monday, a federal judge dismissed the criminal cases against former FBI Director James Comey and New York Attorney General Letitia James. But the defendants — two of President Donald Trump’s longtime adversaries — may not be in the clear yet.
In both cases, U.S. District Judge Cameron Currie concluded that the prosecutor, Interim U.S. Attorney for the Eastern District of Virginia Lindsey Halligan, had been illegally appointed by Attorney General Pam Bondi.
Explaining her reasoning, Currie stated that the 120-day limit on interim appointments had expired during Halligan’s predecessor’s tenure, meaning district judges had the power to appoint a replacement.
Because of this, Currie — an appointee of former President Bill Clinton — wrote that “all actions flowing from Ms. Halligan’s defective appointment” including the cases against Comey and James “were unlawful exercises of executive power and are hereby set aside.”
In a statement after the ruling, James said, “I am heartened by today’s victory and grateful for the prayers and support I have received from around the country.” A few hours later, Comey posted a video on Instagram, saying he was “inspired” by the judge’s decision, adding that, “I know that Donald Trump will probably come after me again.”
White House Press Secretary Karoline Leavitt told reporters yesterday that “The Department of Justice will be appealing very soon.”
Here’s a brief background on both high-profile cases and a look at what could come next.
open image in galleryFormer FBI Director James Comey's case was dismissed by a federal judge yesterday. (Getty Images)
open image in gallery"I am heartened by today's victory," New York Attorney General Letitia James said in a statement after her case was tossed yesterday. (Getty Images)What were Comey and James charged with?
Both cases were filed shortly after Halligan, Trump’s former personal lawyer, was tapped to serve as interim U.S. Attorney for the Eastern District of Virginia in late September.
Her temporary appointment came after her predecessor, Erik Siebert, resigned following reports that he had been pressured to prosecute James based on inadequate evidence.
Halligan assumed office just days after Trump posted a message on Truth Social, complaining to Bondi that “nothing is being done” about Comey and James. Both have drawn the president’s ire — Comey for probing the Trump campaign’s alleged ties to Russia, and James for launching a civil fraud suit against Trump.
“We can’t delay any longer,” Trump wrote.
A few weeks later, a federal grand jury indicted James on charges of bank fraud and making false statements to a financial institution in connection with a loan for a property she purchased in Virginia in 2020.
“No one is above the law,” Halligan said at the time. “The charges as alleged in this case represent intentional, criminal acts and tremendous breaches of the public’s trust.”
James called the charges “baseless” and described them as a form of blatant “political retribution.” She pleaded not guilty.
Soon after, a federal grand jury indicted Comey on charges of making a false statement and obstruction relating to his 2020 testimony before Congress on the Trump-Russia probe.
“The charges as alleged in this case represent a breach of the public trust at an extraordinary level,” Halligan, who has no prior experience as a prosecutor, said at the time.
“I’m innocent, so let’s have a trial,” Comey said in a video posted on Instagram. He pleaded not guilty.
open image in galleryLindsey Halligan, the interim U.S. Attorney for the Eastern District of Virginia, brought the cases against Comey and James shortly after Trump called on Attorney General Pam Bondi to prosecute his political foes. (AP)What could happen now?
In dismissing both cases yesterday, Currie did so without prejudice, leaving the door open for prosecutors to bring Comey and James back to court.
While Bondi, on Monday, said the Department of Justice will make an “immediate appeal” of Currie’s ruling, echoing the White House, it’s not clear whether any new indictments will be filed in Virginia.
“Any appeal, which would go to the Richmond, Virginia-based 4th Circuit Court of Appeals, could mean a delay for any attempt to re-indict Comey or James,” Politico noted.
And attempts to issue a new indictment against Comey could face roadblocks.
The former FBI director was charged just days before the relevant statute of limitations expired in late September, according to The Hill. Comey’s attorney argued that the window to file an indictment has now closed. However, federal law allows indictments dismissed after the statute of limitations to be brought again within a six-month period.
“It is not entirely clear whether the statute of limitations has in fact expired — lawyers will argue both sides — but for Comey there is at least a chance that the government will not be able to re-indict him,” Jennifer Mason McAward, a professor at the Notre Dame Law School, told The Independent.
When it comes to James’ case, the government has a clearer path to filing a new indictment, McAward said.
open image in galleryAttorney General Pam Bondi said the Department of Justice plans to appeal both cases. (Getty Images)What will happen to Halligan?
Because Currie ruled that Halligan was illegally appointed, any new indictments filed in the Eastern District of Virginia would need to be brought by a new prosecutor. To be deemed lawfully appointed, the new prosecutor must be confirmed by the Senate or appointed by district judges.
“They can re-indict Comey and James, but not with Halligan — unless and until an appellate court reverses the District court's decision,” Ron Sullivan Jr., a professor at the Harvard Law School, told The Independent.
However, in spite of Currie’s ruling, the White House and the Department of Justice signaled that they have no plans to replace Halligan.
“Halligan was legally appointed, and that is the administration’s position,” Leavitt told reporters yesterday, claiming the judge was “trying to shield” Comey and James from “receiving accountability.”
Bondi echoed this position, stating that by tapping Halligan as a “special” attorney — which she did in November, after both cases were filed — she guaranteed other cases brought by her office will not be jeopardized.
“We have made Lindsey Halligan a special U.S. Attorney, so she is in court, she can fight in court just like she was,” Bondi said. “Halligan is an excellent U.S. attorney. And shame on them for not wanting her in office.”
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