DOJ appeals Comey and Letitia James dismissals, insists disputed U.S. attorney remains in office
The Justice Department has filed notices of appeal to the U.S. Court of Appeals for the Fourth Circuit after U.S. District Judge Cameron Currie tossed the indictments of James Comey and New York AG Letitia James on the ground that interim U.S. Attorney Lindsey Halligan was unlawfully appointed, and DOJ is publicly defending Halligan’s role—naming her on appeals and designating her a “special” attorney while insisting she remains in office. DOJ argues the appointments and charges were lawful (and denies any vindictive or selective motive), but its path to re‑charging is now complicated by judges’ blistering criticism of prosecutorial missteps, orders to turn over grand‑jury materials, a separate court’s temporary block on using seized Daniel Richman communications, and grand juries twice declining to re‑indict James amid looming statute‑of‑limitations questions.
đź“Ś Key Facts
- The Justice Department has formally appealed U.S. District Judge Cameron Currie’s Nov. 24 dismissal of the indictments against James Comey and New York AG Letitia James to the U.S. Court of Appeals for the Fourth Circuit, filing notices in mid‑to‑late December and listing Lindsey Halligan as “United States attorney and special attorney” while insisting she remains in office.
- Judge Currie dismissed both cases on Appointments Clause grounds, finding interim U.S. Attorney Lindsey Halligan was unlawfully appointed (sworn in Sept. 22, 2025), ordered that “all actions” flowing from her defective appointment be set aside, and dismissed the indictments without prejudice.
- Prosecutors twice failed to persuade grand juries to re‑indict Letitia James after the dismissals; it is unclear whether Comey can be re‑indicted because the five‑year statute of limitations expired at the end of September and Currie noted an invalid indictment does not toll the limitations period.
- Separate judicial rulings have undercut DOJ’s prosecution efforts: Magistrate Judge William Fitzpatrick sharply criticized DOJ for a “disturbing pattern of profound investigative missteps,” ordered production of grand‑jury materials and identified apparent misstatements by the government to jurors, while Senior Judge Colleen Kollar‑Kotelly found DOJ likely violated Daniel Richman’s Fourth Amendment rights, issued a TRO blocking use of his seized files and later ordered their return/erasure.
- Defense teams have argued the prosecutions were driven by President Trump’s public pressure (citing a Sept. Truth Social post) and sought dismissal for vindictive/selective prosecution; DOJ denies vindictiveness, has argued Trump’s posts are not direct evidence of improper motive, and has defended Halligan’s appointment as lawful or cured by ratification.
- DOJ leadership (including AG Pam Bondi and Deputy AG Todd Blanche) and White House officials have publicly defended Halligan, vowed appeals and other measures to keep the cases alive, and accused some judges of bias, even as some EDVA judges removed Halligan’s name from filings following the defective‑appointment ruling.
- Key evidentiary problems center on materials seized years earlier from Comey friend and former lawyer Daniel Richman in a 2019–2020 probe: judges have described those materials as central to the prosecution, questioned DOJ’s retention and later searches without a new warrant, and imposed limits that complicate any renewed charging effort.
- DOJ has argued in court filings (including a 48‑page brief) that Halligan functioned at least as a de facto officer, that successive interim appointments are permissible or can be cured by ratification, and asked courts that any dismissal be entered without prejudice to allow reindictment if appointment problems are resolved.
đź“Š 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."
đź“° Sources (46)
DOJ appeals dismissal of James, Comey criminal cases in long-shot legal gamble
New information:
- Confirms that DOJ has now formally filed appeals in both the Comey and Letitia James cases to the 4th U.S. Circuit Court of Appeals in Richmond, Virginia, making good on earlier vows to appeal.
- Quotes DOJ’s legal position that "the power to appoint an interim U.S. Attorney for the Eastern District of Virginia pursuant to 28 U.S.C. § 546" lies with the district court until a Senate‑confirmed U.S. attorney is in place.
- Restates Judge Cameron Currie’s November finding that Lindsey Halligan has been unlawfully serving as interim U.S. attorney since Sept. 22, 2025 and that "all actions" stemming from her appointment must be set aside.
- Spells out the specific charges: Letitia James faces two counts of bank fraud and making false statements tied to a 2020 Norfolk, Virginia home purchase; James Comey faces charges for making false statements to Congress and obstruction related to September 2020 testimony.
- Details that federal prosecutors twice failed to obtain new indictments against Letitia James from grand juries in Norfolk and Alexandria after the dismissals.
- Notes that in Comey’s case a separate judge ordered prosecutors to erase certain emails and data central to the prosecution and flags that the five‑year statute of limitations expired Sept. 30, raising questions whether dismissal and appeal rulings could "reset the clock" under a specific federal statute.
DOJ defiant as it appeals Comey, James dismissals
New information:
- Axios reports that DOJ has now formally filed notices of appeal to the 4th U.S. Circuit Court of Appeals on Friday, after weeks of delay following Attorney General Pam Bondi’s initial vow to appeal.
- Deputy Attorney General Todd Blanche publicly defended Lindsey Halligan on Sunday, stating she is "still doing a great job" and asserting he expects appellate review to favor the government.
- The article specifies that DOJ leadership has accused federal judges of waging a "campaign of bias and hostility" against Halligan after at least one judge removed her name from a court filing in light of the defective‑appointment ruling.
- Axios highlights Judge McGowan Currie’s footnote stressing that the statute of limitations is not tolled by an "invalid indictment," increasing the risk that some charges against James Comey may now be time‑barred.
- The piece underscores that grand juries have twice declined to re‑indict Letitia James while DOJ delayed the formal notice of appeal.
- It frames the appeals and insistence on Halligan remaining in post as emblematic of broader dysfunction inside a Trump‑loyalist DOJ after a mass exodus of career employees.
Justice Dept. Will Appeal Dismissal of Comey and James Indictments
New information:
- Confirms that DOJ has now formally filed its appeal of Judge Cameron McGowan Currie’s dismissals to the U.S. Court of Appeals for the Fourth Circuit in Richmond, Virginia.
- Clarifies that Attorney General Pam Bondi had publicly vowed 'all available legal action, including an immediate appeal,' but DOJ spent weeks first trying and failing to re‑indict Comey and Letitia James before filing the appeal.
- Details that prosecutors twice failed to persuade two separate federal grand juries to indict Letitia James on the mortgage‑fraud allegations after the original indictment was tossed.
- Reports that a federal judge ordered DOJ to erase evidence it had used in the case against Comey, further complicating re‑indictment attempts.
- Adds specific context that Lindsey Halligan, unlawfully appointed as interim U.S. attorney in EDVA, was the sole prosecutor who presented both Comey and James cases to the grand juries that returned the original indictments.
- Emphasizes that because the appeal raises questions about the boundary between presidential appointment power and congressional authority, the cases could ultimately reach the Supreme Court.
Justice Dept. appealing decision tossing out James Comey and Letitia James cases
New information:
- The Justice Department has formally filed notices of appeal to the U.S. Court of Appeals for the 4th Circuit seeking review of Judge Cameron Currie’s decisions tossing the James Comey and Letitia James cases.
- Lindsey Halligan is named on the notices of appeal as "United States attorney and special attorney," despite Currie’s finding that her interim U.S. attorney appointment was unlawful.
- Since Currie’s dismissal of Letitia James’s case, grand juries in both Norfolk and Alexandria, Virginia, have refused to re-indict her on bank fraud charges.
- It remains unclear whether prosecutors have attempted to re-indict Comey, but Currie’s opinion suggested they are time‑barred because the statute of limitations expired at the end of September.
- A separate federal judge in Washington, D.C., has blocked DOJ from accessing material seized more than five years ago from a friend of Comey that Halligan used in presenting the case to a grand jury.
- The article reiterates that judges had not yet ruled on Comey and James’s motions alleging vindictive and selective prosecution when the cases were dismissed on Appointments Clause grounds.
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.
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