The federal cases against former FBI Director James Comey and New York Attorney General Letitia James have been dismissed. The ruling that the charges brought against the two were invalid came as a judge determined the prosecutor in their cases had been illegally appointed. Though the Trump administration may attempt to bring charges again, both cases have been shown to be heavily flawed in what many see as political prosecutions.
Cases against Comey and James dismissed over unlawful appointment of prosecutor
On Monday, U.S. District Judge Cameron McGowan Currie dismissed federal cases against Comey, who was charged with lying to Congress concerning leaked information in an investigation, and James, who was accused of mortgage fraud. Currie ruled that the prosecutor who brought the charges, former Trump aide Lindsay Halligan, had been improperly appointed by the Justice Department as U.S. attorney in the case. Halligan is one of several U.S. attorneys who have been disqualified for being illegally appointed during the Trump administration. While Comey and James both requested that their cases be dismissed with prejudice, which would prevent the Justice Department from pursuing charges again, Currie dismissed them without prejudice. It is unclear, however, when or if charges would be refiled. Currie also didn’t rule on more substantive arguments in the case; Comey and James argued that their cases were examples of vindictive prosecution and should be thrown out on those grounds as well.
Allegations of political prosecution remain unresolved
Comey and James are two of several Trump adversaries to be criminally charged by the Justice Department after pressure from the president. As FBI director, Comey led the investigation into allegations of ties between the 2016 Trump campaign and Russia, leading to years of hostility and scrutiny from Trump, who fired Comey in 2017. James, meanwhile, successfully prosecuted Trump and the Trump Organization for fraud in 2024, although a massive civil penalty against Trump and his company was later dismissed on appeal. Trump has pressured the Justice Department to go after them and other foes; in September, the president posted a message on social media ordering U.S. Attorney General Pam Bondi to criminally prosecute Comey, James and California Sen. Adam Schiff, another Trump critic. Trump forced out U.S. Attorney for the Eastern District of Virginia Erik Siebert for refusing to pursue charges against Comey and James, and replaced him with Halligan, who had no prior prosecutorial experience.
Major flaws and possible improper conduct in the Comey and James cases
While Currie’s dismissal didn’t issue a judgment on the merits of the cases, both indictments appeared to have been heavily flawed. Last week, Halligan admitted that she hadn’t presented to the entire grand jury the version of the indictment that the jury foreman ultimately signed against Comey, an error that could constitute prosecutorial misconduct; the Justice Department later changed its story, claiming that the full grand jury had properly reviewed the indictment. Lawyers for James, meanwhile, have argued that even federal officials doubted the evidence in her case demonstrated any intentional act of fraud in her mortgage loan application, while also accusing the Trump official who referred her case of illegally accessing her financial records to search for material to use to bring a case against her.
Since returning to the White House, Trump has been vocal about seeking retribution from his rivals, with several of his foes being investigated or criminally charged by the Justice Department under heavy pressure from the president. For now, at least, the charges against two of Trump’s most prominent adversaries have been thrown out alongside the authority of Trump’s handpicked prosecutor.