Lindsey Halligan, then a special assistant to the president, adjusts an earring at the end of an interview outside the White House in August 2025 in Washington.
Jacqueline Martin/AP
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Jacqueline Martin/AP
A federal judge on Monday dismissed the Justice Department's criminal cases against former FBI Director James Comey and New York Attorney General Letitia James, finding that the acting US Attorney who secured the indictments of two prominent critics of President Trump was appointed illegally.
Trump appointed Lindsey Halligan as acting U.S. attorney for the Eastern District of Virginia after he fired the previous top prosecutor who expressed reservations about bringing charges against both Comey and James.
In her ruling, U.S. District Court Judge Cameron McGowan Curry said that “all actions resulting from Ms. Halligan's misappointment,” including the indictments against Comey and James, “were an unlawful exercise of executive power and are hereby vacated.”
The cases were dismissed without prejudice, meaning the Justice Department could bring the cases again.
Halligan is a former insurance lawyer who once served as Trump's personal lawyer before his return to office, when she joined his administration as a White House aide.
Halligan, who had no experience as a prosecutor, was sworn in as acting U.S. attorney on Sept. 22. Three days later, she secured two counts of criminal indictment against Comey, just days before the statute of limitations expired. He pleaded not guilty.
Two weeks later, Halligan secured charges against James for bank fraud and making false statements to a financial institution. James also pleaded not guilty.
“I remain fearless in the face of these unfounded allegations, continuing to fight for New Yorkers every single day,” James said in a statement.
In both cases, Halligan was the only prosecutor to appear before the grand jury, the government said in court papers.
Days before she was sworn in, President Trump post on social networks called on Attorney General Pam Bondi and the Justice Department to prosecute Comey, James and California Democratic Senator Adam Schiff.
Schiff has not been charged, but is being investigated by federal prosecutors on charges of mortgage fraud.
The Justice Department defended her appointment and said it followed all proper procedures.
In their separate cases, Comey and James both sought to have the cases against them dismissed. One of those allegations is that Halligan was appointed to the position illegally.
— NPR's Carrie Johnson contributed to this report.
