Judge Says US Attorney Lindsey Halligan Can’t Prosecute Comey Because Trump Appointed Her

The Federalist

An unelected, inferior-court activist judge tossed the grand jury indictment against disgraced former FBI Director James Comey and New York Attorney General Letitia James on Monday, arguing that federal prosecutor Lindsay Halligan was unlawfully appointed.

Judge Cameron Currie, a Clinton appointee, ruled Monday that Halligan was unlawfully appointed and that the indictments against both Comey and James are invalid.

“On September 25, 2025, Lindsey Halligan, a former White House aide with no prior prosecutorial experience, appeared before a federal grand jury in the Eastern District of Virginia. Having been appointed Interim U.S. Attorney by the Attorney General just days before, Ms. Halligan secured a two-count indictment charging former FBI Director James B. Comey, Jr. with

making false statements to Congress and obstructing a congressional proceeding,” Currie wrote.

Currie then stated, “I agree with Mr. Comey that the Attorney General’s attempt to install Ms. Halligan as Interim U.S. Attorney for the Eastern District of Virginia was invalid. And because Ms. Halligan had no lawful authority to present the indictment, I will grant Mr. Comey’s motion and dismiss the indictment without prejudice.”

Halligan was appointed to the role in September after Erik Siebert stepped down, reportedly after refusing to seek indictments against Comey and James. Attorney General Pam Bondi then authorized Halligan as the interim U.S. attorney for the Eastern District of Virginia. Upon assuming her role, Halligan secured a two-count grand jury indictment against Comey for charges of making false statements within the jurisdiction of the legislative branch and obstruction of a congressional proceeding.

Comey challenged, amongst other things, Halligan’s appointment as unlawful.

The government argued, however, that unless the Senate explicitly refused to confirm Halligan, then Bondi was within her authority to appoint Halligan as lawful interim attorney.

Comey’s team, however, argued that Section 546 “limits the total tenure of the Attorney General’s interim appointments to 120 days” and therefore “precludes an additional appointment by the Attorney General after the expiration of that 120-day period.”

Comey’s team argued, therefore, that Halligan’s appointment was unlawful because the district court had the “exclusive authority to appoint an interim U.S. Attorney” once Seibert resigned.

“Mr. Comey has the better reading of the statute,” Currie wrote.

Currie then cited Section 546 and said that subsection (d) provides “a single option for how subsequent interim appointments may be made: ‘If an appointment expires under subsection (c)(2), the district court for such district’ — and only the district court — ‘may appoint a United States attorney to serve until the vacancy is filled.'”

Currie ruled that Halligan, therefore, “has been unlawfully serving in that role since September 22, 2025.”

“All actions flowing from Ms. Halligan’s defective appointment, including securing and signing Mr. Comey’s indictment, were unlawful exercises of executive power and are hereby set aside,” Currie ruled. Currie also dismissed James’ indictment with a similar order.

James was indicted in October for allegedly lying to her lending bank and a homeowner’s insurance company in a mortgage fraud scheme.