The Justice Department’s push to hold former FBI Director James Comey and New York Attorney General Letitia James criminally liable hit a procedural snag on Monday, after a federal judge dismissed the indictments based on a technical dispute over the prosecutor’s appointment.
Attorney General Pam Bondi immediately signaled that the fight is far from over, pledging to take “all available legal action” to reverse the ruling and ensure the prosecutions proceed.
U.S. District Judge Cameron McGowan Currie ruled that the cases were invalid not because of the evidence presented, but because interim U.S. Attorney Lindsey Halligan—who filed the charges—had been appointed in violation of the Federal Vacancies Reform Act.
The court determined that the administration bypassed the required Senate confirmation process when installing Halligan in the Eastern District of Virginia, rendering her authority null and void.
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Speaking from a press conference in Memphis, Tennessee, Attorney General Bondi pushed back against the decision, framing the dismissal as a temporary bureaucratic hurdle rather than an exoneration of the defendants.
“We will be taking all available legal action, including an immediate appeal,” Bondi stated. She emphasized the department’s commitment to holding public figures accountable, describing the alleged actions of Comey and James as a serious “betrayal of public trust.”
The cases stem from what supporters of the administration describe as a necessary accountability campaign to address alleged misconduct by political figures who have long opposed the President. However, the judge’s ruling freezes those efforts for now, forcing the DOJ to take the battle to the Fourth Circuit Court of Appeals.
Legal experts note that while the dismissal is a setback, the charges were thrown out “without prejudice,” meaning the door remains open for the government to refile if they can correct the procedural errors. The challenge now lies in the timing; with the statute of limitations on Comey’s alleged 2020 false statements having technically expired days after the initial filing, the DOJ will likely argue that a legal “savings clause” allows them a six-month window to bring a valid indictment.
While critics of the administration have celebrated the ruling as a defeat for the President’s agenda, the Justice Department maintains that the merits of the cases—and the alleged unlawful conduct of the defendants—have yet to be heard in court.
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