Federal cases against New York Attorney General Letitia James and former FBI Director James Comey were dismissed by a U.S. District Court judge who ruled that the prosecutor who secured the indictments, Lindsey Halligan, had been unlawfully appointed. The rulings led to a series of legal and executive challenges, including judicial orders restricting Halligan's professional title, her eventual departure from the role, and a subsequent dispute where the executive branch fired an interim U.S. Attorney appointed by federal judges. The events highlight an ongoing conflict between the executive and judicial branches regarding the process of appointing temporary federal prosecutors.
Initial Indictments and Allegations
- Letitia James: New York Attorney General Letitia James was charged with bank fraud and making false statements to a financial institution concerning a 2020 home purchase in Norfolk, Virginia. Prosecutors alleged she obtained a mortgage loan under terms intended for a secondary residence but used it as a rental investment. James pleaded not guilty to the federal charges. Her legal team sought to dismiss the case, describing it as "vindictive," and requested a speedy trial ahead of a scheduled trial date for January 26.
- James Comey: Former FBI Director James Comey was charged with making false statements to lawmakers and obstructing a congressional investigation related to his leadership of an inquiry into Russian interference in the 2016 U.S. presidential election. Comey, who was dismissed as FBI Director by then-President Donald Trump, pleaded not guilty to the charges.
Prosecutor Appointment Controversy
Lindsey Halligan, a former personal attorney for Donald Trump and a White House aide with no prior prosecutorial experience, was appointed interim U.S. Attorney for the Eastern District of Virginia (EDVA) by President Trump in September. She replaced Erik Siebert, who resigned from the interim role in September, reportedly after informing the Justice Department that he had not found sufficient evidence to charge James.
Following her swearing-in on September 22, Halligan secured a two-count criminal indictment against James Comey three days later, shortly before the statute of limitations was set to expire. Two weeks after this, she secured an indictment against Letitia James. Court documents indicated Halligan was the sole prosecutor to present information to the grand jury in both cases.
Prior to Halligan's appointment, former President Trump had publicly called for the prosecution of his political opponents, including Comey and James. James stated that the administration had "weaponized" the justice system against her and other critics.
Judicial Rulings and Case Dismissals
In November, U.S. District Judge Cameron McGowan Currie dismissed the criminal cases against Comey and James. Judge Currie ruled that Halligan's appointment was unlawful, finding it violated federal statute 28 U.S.C. § 546 and the Appointments Clause of the U.S. Constitution. The judge determined that the 120-day period allowed for an interim U.S. Attorney, which began with Siebert's appointment in January, had expired by the time Halligan was appointed in September. The ruling stated that the law does not permit the position to be filled by two consecutive interim nominees.
"All actions flowing from Ms. Halligan's defective appointment, including the indictments, were unlawful exercises of executive power and are hereby set aside."
The dismissals were made "without prejudice," meaning the Justice Department could potentially refile the cases. The Justice Department subsequently appealed Judge Currie's ruling, characterizing it as "erroneous."
Separately, in Comey's case, U.S. District Judge William Fitzpatrick flagged "investigative missteps" and "government misconduct" by prosecutor Halligan. He ordered the Department of Justice to release grand jury materials, including transcripts, evidence, and complete audio recordings, to Comey's defense team. Judge Fitzpatrick identified statements by Halligan to grand jurors that "could be seen as 'fundamental misstatements of the law that could compromise the integrity of the grand jury process'." Halligan later confirmed that the full grand jury did not review the final indictment against Comey after one count was rejected and charges were renumbered.
Subsequent Developments for Letitia James
Following the dismissal of the initial charges by Judge Currie, the Justice Department sought a new indictment against James. Grand jurors rejected this request in December. James's attorney, Abbe Lowell, stated that this development should mark "the end of this case," while prosecutors were reportedly anticipated to attempt to secure an indictment again.
Continued Disputes Over Halligan's Title
Despite Judge Currie's ruling that her appointment was unlawful, Halligan continued to identify herself as the U.S. Attorney for the Eastern District of Virginia. U.S. District Judge David Novak ordered the Justice Department to provide a legal explanation for Halligan's continued use of the title and why her identification was not a false or misleading statement.
The Justice Department, including Halligan, Attorney General Pam Bondi, and Deputy Attorney General Todd Blanche, responded by calling Judge Novak's actions a "gross abuse of power" and an "affront to the separation of powers." They argued that Judge Currie's ruling only invalidated Halligan's appointment in specific cases and did not prohibit her from using the title in other proceedings.
Judge Novak later described the Justice Department's filing as containing "vitriol more appropriate for a cable news talk show" and warned of potential disciplinary action. He subsequently issued an order prohibiting Halligan from representing herself as the U.S. Attorney in any court pleading or otherwise, stating she would face disciplinary referrals if the misrepresentation continued. He allowed her to avoid immediate disciplinary proceedings, citing her inexperience.
Halligan's Departure and Executive-Judicial Clash Over Successor
In late January, Lindsey Halligan departed from her position as interim U.S. Attorney. Attorney General Pam Bondi stated that Halligan's 120-day appointment had expired and attributed her departure to "multiple unnecessary legal obstacles" and Senate Democrats. Bondi added that Halligan would continue to serve the country in other capacities.
Following Halligan's departure, Chief U.S. District Judge M. Hannah Lauck announced a job opening and solicited applications for an Interim U.S. Attorney for the EDVA, exercising authority under federal law (28 U.S.C. § 546(d)). Federal judges in the Eastern District of Virginia unanimously appointed James W. Hundley, a Virginia defense attorney with over three decades of experience, as interim U.S. Attorney.
Shortly after Hundley's appointment, Deputy Attorney General Todd Blanche announced his termination via social media, stating:
"EDVA judges do not pick our US Attorney. POTUS does. James Hundley, you're fired!"
The White House also directed Hundley to check his email. Hundley acknowledged his dismissal by the President but affirmed his continued support for the country and its justice system. Robert McBride, the second-highest-ranking federal prosecutor in the Eastern District of Virginia, was reportedly fired after declining to lead a renewed effort to re-indict Comey.
Broader Context and Similar Incidents
The situation in Virginia is part of a broader pattern of disputes between the executive and judicial branches over the appointment of interim U.S. attorneys. Similar rulings and conflicts have occurred in at least four other districts:
- New York: A federal judge disqualified prosecutor John Sarcone from investigations involving Attorney General James, ruling his appointment invalid due to statutory procedure violations. District judges had declined to extend Sarcone's tenure, which the Department of Justice attempted to circumvent by re-assigning his titles. The administration later dismissed Donald Kinsella, who was appointed by federal judges as U.S. Attorney for the Northern District of New York.
- New Jersey: A federal appeals court determined that Alina Habba, described as a former personal lawyer for Donald Trump, had served as the acting U.S. Attorney for a period exceeding a 120-day federal limit, leading to her resignation.
- California and Nevada: Federal judges in September disqualified the administration's nominees for U.S. Attorney from multiple cases in Nevada and Southern California, determining that individuals had exceeded the legally permitted duration in their roles.
These cases often involve allegations that the administration has circumvented Senate confirmation processes for permanent U.S. Attorneys. The Justice Department maintains that the president and attorney general possess the authority to select their own prosecutors and has accused Senate Democrats of obstructing its nominees.
In a related development, Attorney General James had initiated a civil fraud case against Donald Trump and the Trump Organization in 2022. Trump was subsequently found liable for falsifying records to secure better loan deals, leading to a substantial fine which an appeals court later deemed excessive and overturned.