A federal judge has dismissed the Justice Department's cases against former FBI Director James Comey and New York Attorney General Letitia James. The dismissal was based on the finding that the prosecutor overseeing the cases, Lindsey Halligan, was unlawfully appointed to her role.
Judicial Ruling and Appointment Legality
U.S. District Judge Cameron McGowan Currie ruled that Halligan's appointment violated a federal statute. This statute limits interim U.S. attorneys to 120 days in the position. After this period, if no Senate confirmation occurs, only district courts, not the Attorney General, are authorized to fill such a vacancy. Halligan's predecessor, Erik Siebert, had occupied an acting role since January, exceeding this 120-day limit before Halligan's appointment in late September.
Judge Currie stated that Halligan, described as "a former White House aide with no prior prosecutorial experience," lacked "lawful authority to present the indictment" against Comey or James. Consequently, all actions stemming from Halligan's appointment, including the indictments, were deemed unlawful and were set aside due to her signature being the sole one on the documents.
Official Responses
White House press secretary Karoline Leavitt indicated that the Justice Department plans to appeal the decision. Leavitt characterized the ruling as a "technical ruling" and affirmed belief in Halligan's qualifications and the legality of her appointment.
Lindsey Halligan's Background
Lindsey Halligan, 36, is a former insurance attorney who served as a personal lawyer for former President Donald Trump following his first term. She later joined his second administration as a White House aide. Trump appointed Halligan as acting U.S. attorney for the Eastern District of Virginia in late September, the day after Siebert's resignation. Trump publicly described Halligan as a "tough, smart and loyal attorney."
Halligan's legal career began after she obtained her law degree from the University of Miami in 2013. She specialized in insurance defense litigation and became a partner at the Florida firm Cole, Scott & Kissane in 2018.
She met Trump in November 2021 and joined his personal legal team in 2022. Halligan was present at Trump's Mar-a-Lago residence during the FBI's search in August 2022 related to a classified documents investigation. Halligan also represented former President Trump in a separate case concerning classified documents, which, according to the article, was dismissed in July 2024 by a federal judge due to an unlawfully appointed prosecutor, leading the Justice Department to drop its appeal following Trump's reelection.
In January 2025, Halligan joined Trump's administration with the titles of White House senior associate staff secretary and special assistant to the president. She notably led a review of Smithsonian Institution museums, which she stated aimed to "ensure alignment" with Trump's cultural directives.
Procedural Scrutiny
Legal experts and lawyers for Comey and James raised concerns regarding Halligan's handling of the cases. Halligan's predecessor, Siebert, had reportedly resisted bringing charges due to insufficient evidence. Trump's appointment of Halligan followed Siebert's resignation under pressure.
Halligan's office announced the indictment against Comey on September 25, five days before the statute of limitations would have expired and on her fourth day in the position. Former federal prosecutor Elie Honig commented on the unusual speed for such a complex case.
Further scrutiny arose when a magistrate judge ordered the Justice Department to provide all grand jury materials to Comey's defense team, citing a "disturbing pattern of profound investigative missteps." At a subsequent hearing, Halligan confirmed that the full grand jury did not review the final indictment against Comey after one count was rejected and charges were renumbered, a step legal experts noted as a significant procedural omission.