Trump’s Attempt to Revive Stalled Prosecutions Collapses Over Illegal Prosecutor

A federal judge on Monday tossed criminal charges against former FBI director James Comey and New York attorney general Letitia James after finding the prosecutor who brought the cases was not lawfully installed.

U.S. District Judge Cameron McGowan Currie said the interim prosecutor, Lindsey Halligan, “had no legal authority” to issue the indictments.

The move followed public pressure from President Donald Trump, who urged Attorney General Pam Bondi to install Halligan after the prior prosecutor declined to bring charges. Critics say the change looked aimed at reviving prosecutions that had stalled, while the Justice Department defended its choices.

The prosecutor was named in September after the prior U.S. attorney in the Eastern District of Virginia declined to pursue charges. That decision came after the prior prosecutor said there was not enough credible evidence, and the new appointment drew sharp pushback for its speed and politics.

Currie threw out the cases “without prejudice,” a legal phrase that means prosecutors could try again under a properly appointed lawyer. But legal experts say the clock and other limits could make a new case much harder to win, especially in Comey’s matter.

Comey has pleaded not guilty to counts that accuse him of making false statements and obstructing Congress. Letitia James has pleaded not guilty to charges alleging bank fraud and lying to a financial institution.

Lawyers for Comey and James argued Halligan’s appointment broke a federal rule that limits how long an interim U.S. attorney can serve without Senate confirmation. They said repeated interim moves would let the executive avoid the Senate confirmation process and that this pattern undermined the cases from the start.

The Justice Department said it believes the appointments were lawful and signaled it would appeal. Attorney General Pam Bondi told reporters the department will take all available legal action and defend its choices in court.

Both defendants welcomed the ruling. In a video posted online, Comey said, “I’m grateful that the court ended the case against me, which was a prosecution based on malevolence and incompetence and a reflection of what the Department of Justice has become under Donald Trump.”

Letitia James said she was “heartened by today’s victory” and added, “I remain fearless in the face of these baseless charges as I continue fighting for New Yorkers every single day.”

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