Federal courts have dismissed criminal cases against former FBI Director James Comey and New York Attorney General Letitia James, ruling that the interim U.S. attorneys who secured their indictments were unlawfully appointed. These decisions have prompted a broader re-examination of the process for appointing temporary federal prosecutors, particularly when bypassing Senate confirmation. The Justice Department has appealed some of these rulings, while the central figure in the Virginia cases, Lindsey Halligan, has since departed her interim role.
Judicial Rulings on Prosecutor Appointments
The dismissals largely stem from challenges to the appointments of Lindsey Halligan in the Eastern District of Virginia and John Sarcone in the Northern District of New York.
U.S. District Judge Cameron McGowan Currie, overseeing cases in the Eastern District of Virginia, ruled on November 24, 2025, that Lindsey Halligan's appointment as Interim U.S. Attorney was unlawful. Judge Currie determined that Halligan's appointment violated 28 U.S.C. ยง 546 and the Appointments Clause of the U.S. Constitution because the statute does not permit the position to be filled by two consecutive interim nominees. Halligan's predecessor, Erik Siebert, had occupied an acting role since January 2025, and the 120-day limit for such appointments had expired before Halligan's appointment in September 2025. Judge Currie concluded that all actions flowing from Halligan's "defective appointment," including the indictments against Comey and James, were unlawful exercises of executive power and were set aside without prejudice, meaning the cases could potentially be refiled.
Separately, U.S. District Judge David Novak in Virginia issued orders questioning Halligan's continued use of the U.S. Attorney title after Judge Currie's ruling. Judge Novak prohibited Halligan from representing herself as the U.S. Attorney in court until lawfully appointed and indicated that her continued role constituted a "charade."
In the Northern District of New York, U.S. District Judge Lorna G. Schofield disqualified John Sarcone from investigations involving Attorney General Letitia James and quashed related subpoenas. Judge Schofield found that the Justice Department did not adhere to statutory procedure after district judges declined to extend Sarcone's tenure beyond the 120-day limit, deeming the method of re-installing him inconsistent with federal law.
Cases Against Letitia James
New York Attorney General Letitia James was indicted for bank fraud and making false statements to a financial institution concerning a home purchase in Norfolk, Virginia, in 2020. Prosecutors alleged that James obtained a mortgage loan for a secondary residence but used it as a rental investment property, thereby securing favorable loan terms typically unavailable for investment properties. James pleaded not guilty to the charges.
Her legal team described the case as "vindictive" and challenged Halligan's appointment, citing political motivations. James also publicly stated that the justice system had been "weaponized" against her and other critics of former President Donald Trump.
Following the dismissal of charges by Judge Currie due to Halligan's unlawful appointment, the Justice Department returned to a grand jury in Virginia seeking new charges. However, grand jurors rejected the request to bring a new indictment.
James had previously initiated a civil fraud case against former President Trump and the Trump Organization in 2022. Trump was found liable for falsifying records to secure better loan deals, leading to a substantial fine that was later modified on appeal.
Cases Against James Comey
Former FBI Director James Comey was indicted on September 25, 2025, for making false statements to lawmakers and obstructing a congressional investigation related to his 2016 investigation into Russian election interference. Comey had been dismissed by then-President Trump in 2017. He pleaded not guilty to the charges.
The indictment against Comey was one of the first secured by Lindsey Halligan shortly after her appointment as acting U.S. Attorney. Judge Currie's ruling invalidated this indictment.
Prior to the dismissal, U.S. federal Judge William Fitzpatrick, in Comey's case, had flagged potential "investigative missteps" and "government misconduct," ordering the Department of Justice to release grand jury materials to Comey's defense team. Judge Fitzpatrick noted statements made by the prosecutor to grand jurors that "could be seen as 'fundamental misstatements of the law.'"
Robert McBride, the second-highest-ranking federal prosecutor in the Eastern District of Virginia, was reportedly fired after declining to lead the Justice Department's prosecution of Comey.
Wider Challenges to Prosecutor Appointments
The rulings concerning Halligan and Sarcone are part of a broader pattern of judicial challenges to interim U.S. attorney appointments. Similar legal challenges regarding the statutory 120-day limit for interim appointments have led to dismissals or disqualifications of acting U.S. attorneys in New Jersey, Nevada, and Southern California.
These appointments occurred amidst public calls from former President Donald Trump for the prosecution of political opponents, including Comey, James, and Senator Adam Schiff. Lindsey Halligan and John Sarcone had affiliations with former President Trump, with Halligan serving as a personal attorney for Trump and Sarcone being a member of his 2016 campaign legal team and serving in his first administration.
Department of Justice Response
The Justice Department defended the legality of Halligan's and Sarcone's appointments and the validity of their actions. The department appealed Judge Currie's ruling and characterized Judge Novak's subsequent orders as a "gross abuse of power" and an "affront to the separation of powers." Justice Department officials, including Attorney General Pam Bondi and Deputy Attorney General Todd Blanche, maintained that Judge Currie's ruling only invalidated specific cases and did not prevent Halligan from continuing to use the U.S. Attorney title in other proceedings.
Lindsey Halligan's Departure
Lindsey Halligan departed from her position as interim federal prosecutor in the Eastern District of Virginia in December 2025. Attorney General Pam Bondi stated that Halligan's 120-day appointment had expired and attributed her departure to "multiple unnecessary legal obstacles" and Senate Democrats.
Following Halligan's departure, the chief federal judge for the Eastern District of Virginia, M. Hannah Lauck, ordered the court clerk to announce a vacancy and solicit applications for an Interim U.S. Attorney for the district. Halligan had received a second nomination for the position on January 13, but the Senate had not moved to confirm her.