Federal judge tosses government lawsuits against Comey and James

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(The Center Square) – A federal judge ruled against the administration twice Monday, throwing out its cases against former FBI Director James Comey and New York Attorney General Letitia James. 

U.S. District Judge Cameron Currie, an appointee of former President Bill Clinton, tossed the cases on the grounds that their prosecutor’s appointment was invalid. 

The Constitution provides instruction on the appointment of government officials, and the law adds to the guidance for the appointment of U.S. attorneys.

Lindsey Halligan was appointed interim U.S. Attorney for the Eastern District of Virginia following the resignation of her predecessor, Erik Siebert.

The government has 120 days to nominate a U.S. attorney and get the nominee confirmed by the Senate. Within that time, it can appoint an interim U.S. attorney to carry out the office’s duties. Once those 120 days have passed, the law turns over the appointment to the district courts and judges determine who fills the role. Siebert’s 120 days were up in May, at which time district judges appointed him to continue as the interim U.S. attorney. 

The government argued that it has the authority by law to appoint another interim U.S. attorney – who does not have to undergo a Senate confirmation – to replace him.

“On September 22, 2025, I exercised the authority vested in the Attorney General by 28 U.S.C. 546 to designate and appoint Lindsey Halligan as the United States Attorney for the Eastern District of Virginia," wrote Attorney General Pam Bondi in a statement to the court.

And if that wasn’t enough to qualify Halligan to prosecute Comey and James, Bondi retroactively added another designation.

“I hereby appoint Ms. Halligan to the additional position of Special Attorney, as of September 22, 2025… As Special Attorney, Ms. Halligan has authority to conduct, in the Eastern District of Virginia, any kind of legal proceeding, civil or criminal, including grand jury proceedings,” Bondi continued.

But Currie ultimately didn’t accept the government’s argument and instead, found James’ argument more compelling. Once the 120 days expires, the responsibility of filling the interim role moves to the courts – and remains with the courts, Currie wrote in her opinion, calling the law “unambiguous.”

“The text and structure… in particular make clear the appointment power (1) shifts to the district court after the 120-day period and (2) does not revert to the Attorney General if a court-appointed U.S. Attorney leaves office before a Senate-confirmed U.S. Attorney is installed,” Currie wrote. 

The court’s authority “lasts from the moment the condition is met ‘up to the time that’ the vacancy is filled by a Senate-confirmed appointee,” according to Currie.

“Currie however denied a request to bar the Justice Department from seeking to indict them again under a lawfully appointed prosecutor.”

Halligan replaced Siebert after he resigned on Friday, Sept. 19, just hours after President Donald Trump had told reporters he wanted him “out.” Siebert had reportedly been pressured by the administration to seek indictments against Comey and James and had said he had found insufficient evidence to charge James. 

The Monday after Siebert quit, Bondi appointed Halligan to the office. Halligan filed criminal charges against Comey for allegedly lying to Congress and obstructing a congressional investigation and against James for mortgage fraud. They were indicted by federal grand juries on Sept. 25 and Oct. 9, respectively.

Comey was appointed FBI Director by former President Barack Obama and oversaw “Crossfire Hurricane,” the bureau’s investigation into allegations that Trump colluded with Russian actors to secure the 2016 election. Congress later conducted an investigation into Crossfire Hurricane, and it’s for how he responded to questions then that Comey was indicted.

James successfully prosecuted Trump for financial fraud for which he was found liable in early 2024.

The administration will appeal Currie’s decisions.