Judge dismisses Comey indictment over unlawful interim U.S. attorney appointment
A federal judge in Alexandria, U.S. District Judge Cameron Currie, dismissed the indictments against James Comey and New York AG Letitia James, finding that interim U.S. Attorney Lindsey Halligan was unlawfully appointed after her predecessor’s 120‑day term had lapsed and setting aside actions she took; the dismissals were without prejudice and DOJ said it would appeal. The decision comes amid separate judicial rebukes of DOJ — Magistrate Judge William Fitzpatrick ordered production of grand‑jury materials and criticized “indict first, investigate later” errors, and a D.C. judge temporarily barred prosecutors from using seized Daniel Richman materials — developments that, along with statute‑of‑limitations questions and allegations of presidential pressure, complicate any effort to refile charges alleging false statements and obstruction.
📌 Key Facts
- U.S. District Judge Cameron McGowan Currie dismissed the federal indictments against James Comey and New York AG Letitia James, ruling that interim U.S. Attorney Lindsey Halligan was unlawfully appointed and setting aside all actions that flowed from her defective appointment; the dismissals were without prejudice.
- The appointment sequence: Erik Siebert had served as an interim EDVA U.S. attorney whose 120‑day period had run; after Siebert resigned under reported pressure following President Trump’s Sept. 20 Truth Social post urging prosecutions, AG Pam Bondi installed Lindsey Halligan (a former Trump lawyer and White House aide with no prior prosecutorial experience) on Sept. 22, 2025, and indictments followed days later, just before the statute of limitations expired.
- Magistrate Judge William Fitzpatrick sharply criticized the Justice Department’s handling of the case — ordering production of grand jury transcripts, audio and exhibits, calling the approach “indict first, investigate later,” and identifying apparent misstatements Halligan made to the grand jury and other irregularities that raised privilege and procedural concerns.
- Core evidence problems center on materials seized from Daniel Richman in 2019–2020: prosecutors relied on those files in the grand‑jury presentation, but courts found the government retained and later searched the materials after the earlier probe closed, prompting a temporary restraining order and, later, a longer order by Judge Colleen Kollar‑Kotelly finding likely Fourth Amendment violations and requiring return/curation of the data.
- The Kollar‑Kotelly rulings and TRO block DOJ from accessing or using much of the Richman material (described by another judge as a “cornerstone” of the prosecution), complicating any effort to seek a new indictment and effectively limiting evidence prosecutors can cite while the issues are litigated.
- The Justice Department has defended its actions, arguing successive interim appointments are permissible, that post‑hoc ratification cures defects, and that the prosecution is not vindictive or selective; AG Bondi said DOJ will appeal (and later sought to designate Halligan a “special U.S. attorney”), while EDVA judges have pushed back on filing practices tied to Halligan.
- Practical and legal consequences remain unresolved: the dismissals leave open the possibility of reindictment (dismissal without prejudice), but statute‑of‑limitations timing and the court orders restricting key evidence — together with pending defense claims of vindictive/selective prosecution, grand‑jury irregularities and privilege issues — substantially complicate DOJ’s path forward and raise broader constitutional questions about interim U.S. attorney appointments that courts have repeatedly flagged this year.
📊 Relevant Data
Prosecutions for lying to Congress under 18 U.S.C. § 1001 are rare, with several high-profile cases over the years.
Submitting a False Statement to Congress — Holland & Knight
In 2025, federal judges have ruled that at least four interim U.S. Attorney appointments by the Trump administration were unlawful.
DOJ Hits Back at Judges Doubting Halligan's US Attorney Role — Bloomberg Law
In 2022, out of 18,229 delayed-notice search warrant requests reported to U.S. Courts, 18,157 were granted, 17 granted as modified, and only 55 denied, representing a denial rate of approximately 0.3%.
Delayed-Notice Search Warrant Report 2022 — United States Courts
📊 Analysis & Commentary (5)
GREGG JARRETT: Comey’s Russian hoax is a reminder how he is similar to Nixon
"The column argues that newly revealed Comey notes are a Nixon‑style 'smoking gun' proving Comey knew the Russia probe was politically manufactured, that he concealed and sought to destroy incriminating material, and that his conduct warrants harsh criticism and legal scrutiny."
The Gang That Couldn’t Indict Straight
"The WSJ editorial criticizes the Trump Justice Department’s rushed prosecutions of Comey and Letitia James, arguing they collapsed because the administration cut procedural corners by using an unlawfully appointed interim U.S. attorney, a predictable failure given Congress’s deliberate 120‑day appointment safeguards."
Gratitude for Government Accountability
"The WSJ opinion uses this week's dismissal of Jim Comey's prosecution as a hook to highlight a lesser‑noticed success story — IRS whistleblowers Gary Shapley and Joseph Ziegler being vindicated and elevated — arguing that meaningful government accountability can come through administrative vindication and reform even when headline prosecutions fail."
MIKE DAVIS: Why SCOTUS must reinstate Trump US Attorneys Alina Habba and Lindsey Halligan
"An opinion arguing that recent lower‑court invalidations of interim U.S. attorney appointments (notably Lindsey Halligan and Alina Habba) are legally mistaken, politicized, and have produced harmful collateral consequences (dismissed indictments), and urging the Supreme Court to reinstate those appointees to protect presidential appointment authority."
MIKE DAVIS: Clinton-appointed judge once again sabotages DOJ's Comey case
"The Fox News opinion piece criticizes recent federal judges (notably Judge Cameron Currie and Judge Colleen Kollar‑Kotelly) for dismissing or undermining DOJ actions in the Comey case, arguing these rulings amount to partisan judicial sabotage that endangers accountability and require higher‑court correction."
📰 Sources (42)
Judge’s Order Complicates Justice Dept. Plans to Again Charge Comey
New information:
- Judge Colleen Kollar-Kotelly (D.D.C.) issued a 46-page order directing DOJ to get rid of a cache of emails and texts between James Comey and Daniel Richman obtained from Richman’s devices in 2019–2020, finding they were unlawfully obtained.
- The ruling complicates DOJ plans to seek a new indictment of Comey in the coming weeks by removing key evidence used in the September charging effort.
- The affected evidence had been used to support charges alleging Comey lied to and obstructed Congress in Senate Judiciary testimony about media leaks tied to FBI investigations.
Justice Department faces hurdle in seeking case against Comey as judge finds constitutional problems
New information:
- Judge Colleen Kollar-Kotelly ruled DOJ violated Daniel Richman’s Fourth Amendment rights and ordered the government to return his computer files and communications.
- The court found DOJ retained Richman’s records after an earlier leak probe ended and later searched them without a new warrant while preparing a case against James Comey.
- The judge will allow DOJ to file an electronic copy of Richman’s records under seal in the Eastern District of Virginia and suggested prosecutors could seek access later with a lawful warrant.
- The ruling is a significant hurdle to any renewed effort to charge Comey after his earlier indictment was dismissed due to an unlawfully appointed interim U.S. attorney.
DOJ's war on judges: Bondi attacks judges for blocking U.S. attorney pick
New information:
- DOJ leaders Pam Bondi and Todd Blanche posted a statement on X accusing Eastern District of Virginia judges of a 'campaign of bias and hostility' against U.S. Attorney Lindsey Halligan.
- Eastern District of Virginia judges have reportedly removed Halligan’s name from court filings and warned that submitting charging papers under her name is 'simply not acceptable.'
- Despite a ruling that her appointment was unlawful, Halligan has continued to be listed on filings; DOJ says it will keep appealing dismissals in the Comey and Letitia James cases.
- Deputy AG Blanche has framed the broader confrontation as a 'war' on judges who rule against the administration.
Federal judge sets back Justice Department’s effort to seek new indictment against Comey
New information:
- Judge Colleen Kollar-Kotelly granted a temporary restraining order barring DOJ from accessing or sharing Daniel Richman’s seized computer materials without court permission.
- The order requires DOJ to certify compliance by Monday afternoon and remains in effect through Friday unless dissolved.
- The judge found Richman would suffer irreparable harm from the government’s continued retention of the computer image, citing Fourth Amendment concerns.
- The ruling suggests DOJ may have to seek any new Comey indictment without citing Richman–Comey communications obtained from the earlier searches.
- A DOJ spokesperson declined comment on the ruling’s impact on any revived charges.
Patel says Comey case is 'far from over,' vows to restore 'accountability and transparency' to FBI
New information:
- FBI Director Kash Patel said the Comey case is 'far from over.'
- Patel claimed the FBI has formed two investigative squads focused on 'Russiagate' and the Biden-era 'Arctic Frost' probe and is using a grand jury process, with roughly 75–100 subpoenas issued.
- Patel said the FBI has turned over about 40,000 pages to Congress in nine months, far exceeding his predecessors’ totals over longer periods.
- He alleged previously unknown 'secret rooms' at FBI HQ contained materials related to 'Russiagate,' including items found in burn bags.
Judge: DOJ likely broke Constitution in using Comey lawyer's seized emails
New information:
- Senior U.S. District Judge Colleen Kollar-Kotelly issued a TRO blocking DOJ from accessing or relying on data seized from Daniel Richman’s devices and accounts.
- The judge found Richman is likely to succeed on a Fourth Amendment claim, citing the government’s retention of a complete copy of his personal computer and warrantless searches.
- The order requires DOJ to certify compliance by Monday and remains in effect until Friday; the judge noted uncertainty over who currently holds the materials.
- Axios reports another judge previously described the now-prohibited materials as the 'cornerstone' of the prosecution’s case.
- Despite Attorney General Pam Bondi’s vow to appeal the earlier dismissal, DOJ has not yet filed an appeal; the statute of limitations could further hinder any re-indictment.
Judge Halts Justice Dept. Effort to Seek New Comey Indictment
New information:
- Judge Colleen Kollar-Kotelly issued a four-page order temporarily barring DOJ from accessing and using key evidence (communications from Daniel C. Richman) to seek a new indictment of James Comey.
- The order blocks use of much of the evidence from the September indictment until at least next Friday, impeding DOJ’s plan to seek re-indictment as early as next week.
- Richman filed an emergency motion arguing DOJ obtained his files in violation of his constitutional rights; the judge’s order responds by pausing DOJ access to those materials.
Judge rules evidence linked to James Comey's ally is off limits to DOJ
New information:
- U.S. District Judge Colleen Kollar-Kotelly (D.D.C.) granted a narrow temporary restraining order barring DOJ from using information pertaining to Daniel Richman.
- The TRO is intended to preserve the status quo while the court considers Richman’s Motion for Return of Property and awaits full briefing and argument.
- The order explicitly states the facts weigh in favor of a prompt, temporary order before the government files its response.
Grand jury refuses to re-indict Letitia James
New information:
- It is unclear whether DOJ will try to re‑indict James Comey; the statute of limitations for the alleged 2020 false‑statement charges expired in late September.
- Article notes a federal law can allow a six‑month extension when dismissals occur after SOL runs, though timing and applicability are uncertain.
Comey friend seeks to block DOJ from accessing seized materials
New information:
- James Comey’s friend and former lawyer Daniel Richman filed a civil suit in D.C. federal court seeking the return of his seized files and an order blocking DOJ from using them.
- A magistrate judge (William Fitzpatrick) found DOJ likely seized material outside the scope of 2019–2020 warrants, retained it for years after the 'Arctic Haze' probe closed in 2021, and conducted a new search of Richman’s files in September 2025 without obtaining a new warrant.
- The seized Richman materials were described as the 'cornerstone' of interim U.S. attorney Lindsey Halligan’s grand jury presentation that led to Comey’s now-dismissed indictment.
- Investigators seized data from Richman’s hard drive, two email accounts, and an Apple iCloud account under the earlier warrants.
- Attorney General Pam Bondi and the White House said they would appeal the dismissal, but DOJ has not yet filed a notice to the 4th Circuit; prosecutors are also weighing whether to seek a new indictment.
Trump admin vows to move quickly on Comey case despite setbacks: What to know
New information:
- Attorney General Pam Bondi vowed to 'immediately appeal' the dismissal to the Fourth Circuit.
- FBI Director Kash Patel said the FBI and DOJ are 'executing' on 'numerous options' to keep the Comey case alive.
- Fox reiterates the dismissal was without prejudice, leaving the door open to reindictment.
- The article specifies Comey’s charges: one count of allegedly lying to Congress in 2020 testimony and one count of obstruction tied to the same event.
The case against Comey failed because of Trump's prosecutor. Who is she?
New information:
- NPR identifies Erik Siebert as the predecessor acting U.S. attorney who resigned under presidential pressure to bring charges, with Halligan appointed the next day.
- Judge Currie’s reasoning emphasized that the 120-day interim limit had already run under Siebert, meaning only the district court (not the Attorney General) could fill the vacancy.
- White House press secretary Karoline Leavitt called the decision a 'technical ruling' on Fox News and defended Halligan as legally appointed and 'extremely qualified.'
- Trump’s public announcement language praising Halligan ('tough, smart and loyal') and her background as a former insurance attorney, Trump personal lawyer, and White House aide.
U.S. plans to cut ties with Boy Scouts. And, Comey and James' criminal cases dismissed
New information:
- NPR emphasizes Judge Currie found Lindsey Halligan was the only prosecutor in the grand jury room and the only signer of the indictments, rendering the actions unlawful.
- Context note: NPR reports this is the fourth time this year courts have ruled U.S. attorneys were not appointed legally, underscoring limits on presidential appointment power.
- NPR adds Comey’s reaction: he believes he could be targeted again but expressed faith in the courts.
Bondi targets James Comey, Letitia James in legal battle: 'Hold... accountable for unlawful conduct'
New information:
- Attorney General Pam Bondi said DOJ will take 'all available legal action,' including an 'immediate appeal,' to hold James Comey accountable despite the dismissal.
- Bondi announced Lindsey (Lindsay) Halligan has been made a 'special U.S. attorney' so she can continue to appear and fight the cases in court.
- Bondi defended Halligan’s credentials and criticized efforts to block her from office in remarks delivered in Memphis tied to the city's Safe Task Force.
White House standing with prosecutor Lindsey Halligan after cases dismissed against Comey, James
New information:
- The White House is publicly standing with prosecutor Lindsey Halligan despite the judge’s dismissal of the Comey case.
- CBS reports the administration’s support follows the ruling that Halligan was unlawfully appointed.
Judge tosses James Comey, Letitia James cases, rules prosecutor was illegally appointed
New information:
- White House Press Secretary Karoline Leavitt said the Justice Department will be 'appealing very soon' and defended Halligan’s appointment and qualifications.
- Judge Currie’s opinion is quoted directly: 'All actions flowing from Ms. Halligan's defective appointment... are hereby set aside.'
- Context from NPR’s Carrie Johnson that Halligan had no prosecutorial experience and was installed after a predecessor refused, highlighting the 120‑day interim appointment limits.
Judge tosses Comey, James cases after finding prosecutor unlawfully appointed
New information:
- Judge Cameron McGowan Currie also dismissed the parallel case against New York AG Letitia James the same day, finding Lindsey Halligan’s appointment unlawful.
- Halligan was sworn in as acting U.S. attorney on Sept. 22, 2025 and secured Comey’s indictment three days later, just before the statute of limitations expired.
- In both cases, Halligan was the only prosecutor to present before the grand jury, according to government filings.
- Trump pushed out the prior EDVA U.S. attorney who reportedly had doubts about charging and tapped Halligan, a former personal lawyer and White House aide with no prosecutorial experience.
- Dismissals were without prejudice; Comey has pleaded not guilty.
Judge dismisses James Comey, Letitia James cases over prosecutor's appointment
New information:
- U.S. District Judge Cameron Currie dismissed James Comey’s indictment, finding Lindsey Halligan’s interim U.S. attorney appointment unlawful.
- Dismissal is without prejudice, allowing prosecutors to refile if appointment issues are cured.
- Currie’s opinion states actions flowing from Halligan’s defective appointment must be set aside; DOJ is likely to appeal.
- Ruling addresses the 120‑day interim appointment clock, rejecting DOJ’s ‘per‑appointment’ interpretation advanced to defend Halligan’s role.
- Halligan presented the case to the grand jury and signed the indictment after being installed by AG Pam Bondi in late September.
Federal judge dismisses James Comey, Letitia James indictments
New information:
- Judge Cameron Currie’s opinion quotes rejecting DOJ’s post hoc ‘ratification’ of Lindsey Halligan’s actions, warning it would allow “any private citizen” to secure indictments with after-the-fact approval.
- Currie found Halligan had been unlawfully serving as EDVA interim U.S. attorney since Sept. 22, 2025.
- DOJ attorney Henry Whitaker argued the issue was “at best a paperwork error”; AG Pam Bondi attempted to ratify and re‑ratify the indictments after the fact.
- Halligan, with no prior prosecutorial experience, alone presented the case to the grand jury; no EDVA prosecutors joined.
- Context detail: Trump publicly urged AG Bondi to indict as the statute of limitations neared.
Judge dismisses cases against James Comey, Letitia James after finding the prosecutor was illegally appointed
New information:
- Judge Currie’s order addresses only the appointment mechanism and leaves other defense motions (vindictive prosecution, grand‑jury issues) pending.
- Halligan was appointed in September after interim U.S. attorney Erik Siebert was pushed out amid pressure to bring charges.
- Trump publicly urged action in a Truth Social post (“JUSTICE MUST BE SERVED, NOW!!!”) cited in the filing history.
- Defense sought dismissal with prejudice; judge dismissed without prejudice and it’s unclear if DOJ will try to revive the case.
- Comey’s charges are specified as making a false statement and obstructing Congress.
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