Trump Defeat: Comey, James Charges Dismissed Over Improper Appointment

A federal judge on Monday dismissed charges against former FBI Director James Comey and New York Attorney General Letitia James, delivering a setback to former President Donald Trump, who had sought their indictment. The ruling highlights the legal challenges facing attempts to pursue politically charged cases and underscores the importance of proper procedure in federal appointments.

The dismissals centered on questions surrounding the legality of the appointment of the acting U.S. Attorney for the Eastern District of Virginia, Lindsey Halligan. Several legal experts had previously expressed doubts about the strength of the evidence in both cases – one alleging bank fraud and the other, false statements to Congress – but the proceedings were ultimately halted due to procedural flaws.

In separate decisions, Judge Cameron Currie sided with arguments from the defendants’ attorneys, who contended that Halligan’s appointment was unlawful. “Because Ms. Halligan did not have legal authority to present the indictment, I accept Mr. Comey’s request and dismiss the indictment subject to all rights,” she wrote, reaching the same conclusion in the case against James.

The judge determined that the appointment violated laws governing the Justice Department’s power to name high-ranking prosecutors without Senate confirmation. She argued that the Attorney General can only appoint one federal prosecutor in an interim capacity for a period of 120 days, and that the law did not authorize successive appointments of interim prosecutors.

Trump personally selected Halligan, who had no prior experience as a prosecutor, after removing her predecessor earlier this year. According to multiple U.S. media reports, the previous U.S. Attorney had opposed bringing charges against both James and Comey, deeming the available evidence insufficient for an indictment.

Judge Currie, appointed by former President Bill Clinton, dismissed the charges sous réserve de tous droits, meaning the Justice Department could refile them.

Trump Administration Plans Appeal

The Trump administration, however, indicated its intention to appeal the rulings and potentially pursue new charges. “The Department of Justice will be appealing very soon,” White House spokesperson Karoline Leavitt told reporters.

“We believe Lindsey Halligan is extremely qualified for the position and, more importantly, that she was appointed legally,” Leavitt added, echoing a statement made by another White House spokesperson to various media outlets.

The facts contained in the indictments against Comey and James have not changed, and this will not be the last word on this matter.

Speaking on Fox News, Leavitt denounced the decision as sans précédent and claimed it protège the accused from being held accountable for their actions.

James Comey, in a video posted to Instagram, welcomed the court’s decision and reiterated his innocence. I am grateful that the court has put an end to the prosecution against me, which was based on malice and incompetence and reflects what the Department of Justice has become under Donald Trump, which is heartbreaking, he said.

The President of the United States cannot use the Department of Justice to target his political enemies.

On the social media platform X, New York Attorney General Letitia James said she was encouraged by today’s victory, adding that she remained fearless in the face of these baseless accusations. This case was never about justice or the law; it was about targeting the Attorney General for who she is and who she has challenged, her attorney stated, according to the New York Times.

The legality of Halligan’s nomination was reviewed by a judge who typically presides outside the district where the cases were heard to avoid any appearance of conflicts of interest.

Pursuit Initiated by Trump

Breaking with tradition, which dictates the Justice Department remain independent from the President, Trump publicly called on then-Attorney General Pam Bondi to prosecute James Comey, Letitia James, and Senator Adam Schiff. Pam : […] Nothing is being done. What’s happening with Comey, Adam “Shifty ” Schiff, Leticia [sic]??? They are all guilty as can be […]. We can’t wait any longer, it’s destroying our reputation and credibility. They impeached me twice and indicted (five times !) FOR NOTHING. JUSTICE MUST BE DONE, NOW!!!, he wrote on his Truth Social platform in September of last year.

He also requested that Bondi appoint White House Counsel Lindsey Halligan – who previously served as his personal attorney – to lead the district attorney’s office. The judge cited this post in her decision.

Five days after the President’s message – and five days before the five-year statute of limitations for the alleged crimes expired – James Comey was indicted on two counts: making false statements to Congress and obstructing a congressional investigation.

Letitia James was separately charged with two counts: bank fraud and making false statements. The prosecution was launched days after the indictment against the former FBI director.

Both pleaded not guilty.

Interestingly, Judge Currie also referenced the decision by Federal Judge Aileen Cannon to dismiss the classified documents case against Donald Trump. Departing from legal precedent, Cannon, who was appointed by Trump himself, ruled that the appointment of Special Counsel Jack Smith was unlawful.

A List of “Enemies”

Both Comey and James are on a list of individuals that Donald Trump views as enemies and targets of the Justice Department. Comey, a frequent target of Trump’s ire, led the FBI during the early stages of the investigation into links between Russia and Trump’s 2016 presidential campaign. Trump has consistently dismissed the investigation, which ultimately led to the appointment of a special counsel, as a chasse aux sorcières and a canular.

Letitia James, meanwhile, filed a civil fraud lawsuit against Trump, his two eldest sons, and the Trump Organization, alleging they inflated the net worth of the company’s assets to deceive creditors. In 2024, Donald Trump was ordered to pay a penalty that ultimately totaled nearly half a billion U.S. dollars with interest, before it was overturned on appeal, last August.

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The Justice Department has also launched a prosecution against former White House National Security Advisor John Bolton, facing 18 charges related to the alleged mishandling of classified information.

Several other individuals targeted by Donald Trump are also under investigation, to varying degrees, potentially leading to further charges. These include billionaire George Soros, a major Democratic donor, and former CIA Director John Brennan.

Brennan oversaw the U.S. intelligence community’s assessment in 2017 that Russia interfered in the 2016 presidential election to favor Donald Trump.

The former President has appointed loyal allies to the highest levels of the Justice Department, including people who were his personal attorneys, such as Halligan and Deputy Attorney General Todd Blanche.

According to the New York Times, the decision regarding Halligan adds to those of federal judges who have found at least three other times that the Justice Department had illegally appointed federal prosecutors to lead district offices in New Jersey, Nevada, and California.

With information from the New York Times