DOJ Asks Appeals Court To Restore Tossed Comey And Letitia James Cases
The Department of Justice asked the Fourth Circuit on Tuesday to reinstate criminal indictments against James Comey and Letitia James, seeking to overturn a lower court's dismissal in a Richmond appeals hearing.[1]
DOJ attorneys told the court the appeals panel should reverse U.S. District Judge Cameron Currie's November 2025 rulings that voided the indictments and allow the prosecutions to proceed.[1] Defense lawyers for Comey and James countered that the indictments are constitutionally invalid because no properly appointed executive official presented the cases.
Judge Cameron Currie dismissed both indictments in November 2025 after finding Interim U.S. Attorney Lindsey Halligan was unlawfully appointed in the Eastern District of Virginia. Currie ruled the 120-day statute for interim U.S. attorneys does not permit successive interim appointments, and she held that indictments obtained solely by Halligan were void. Halligan had charged Comey with lying to Congress and obstructing a congressional proceeding, and she charged Letitia James with bank fraud and false statements tied to a Virginia mortgage.
If the Fourth Circuit reverses, the cases could be reinstated and returned to the district court; if it affirms, the prosecutions will likely remain ended.
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📌 Key Facts
- On Tuesday, September 15, 2026, the Fourth Circuit is hearing DOJ arguments to overturn dismissal of criminal cases against James Comey and Letitia James.
- Judge Cameron Currie dismissed both indictments in November 2025 after finding Interim U.S. Attorney Lindsey Halligan was unlawfully appointed in the Eastern District of Virginia.
- Currie ruled that the 120-day statute for interim U.S. attorneys does not permit successive interim appointments and that indictments obtained solely by Halligan were void.
- Halligan had charged Comey with lying to Congress and obstructing a congressional proceeding and charged Letitia James with bank fraud and false statements tied to a Virginia mortgage.
- Defense lawyers for Comey and James argue that because no properly appointed executive official presented the cases, the indictments were constitutionally invalid.
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