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It Isn’t Over Yet for James Comey and Letitia James as Door Left Open for Fresh Charges

by Clive Cummings
November 24, 2025
in Opinions
Reading Time: 2 mins read
Letitia James

A federal judge in Virginia just tossed out the criminal charges against former FBI Director James Comey and New York Attorney General Letitia James, citing issues with the prosecutor’s appointment. The ruling came down on Monday, scrapping two cases that targeted key players in past investigations tied to President Trump.

The indictments stemmed from allegations of false statements by Comey and bank fraud by James. Lindsey Halligan, the interim U.S. attorney who brought the charges, lacked the proper authority, according to the decision. Halligan, with no prior experience as a prosecutor, stepped in after the previous interim attorney was removed. She handled the grand jury presentations solo, without backup from Virginia-based prosecutors.

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Judge Cameron Currie, appointed during the Clinton era and brought in from South Carolina due to local conflicts, didn’t hold back. “I conclude that the Attorney General’s attempt to install Ms. Halligan as Interim U.S. Attorney for the Eastern District of Virginia was invalid and that Ms. Halligan has been unlawfully serving in that role since September 22, 2025,” the judge stated.

During the hearing, DOJ attorney Henry Whitaker downplayed the mess as “at best a paperwork error.” James’ lawyer, Abbe Lowell, fired back, calling Halligan a “private person” unauthorized to even enter the grand jury room.

The Justice Department, now under Attorney General Pam Bondi, tried to fix things by ratifying the indictments after the fact. But Currie saw that as a red flag—if Halligan’s role was legit, why bother with retroactive approvals?

“The implications of a contrary conclusion are extraordinary,” Currie wrote. “It would mean the Government could send any private citizen off the street — attorney or not — into the grand jury room to secure an indictment so long as the Attorney General gives her approval after the fact. That cannot be the law.”

This isn’t the end, though. The dismissals were without prejudice, opening the door for fresh charges under a properly appointed prosecutor. Sources from CNN and AP confirm the DOJ could appeal or refile, keeping pressure on these figures who’ve long clashed with Trump. Comey oversaw the Russia probe that dogged Trump’s first term, while James pursued civil fraud cases against his business empire.

Skeptics point to the timing and the judge’s background as signs of establishment interference, shielding insiders from accountability. Yet the facts lay bare a botched appointment process that let these cases slip through the cracks. Can Bondi recover and get fresh charges filed that can actually stick?

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