Former FBI Director James Comey and New York Attorney General Letitia James (D) scored big victories Monday when a federal judge dismissed the indictments against them, but their legal saga likely isn't over yet.
Their separate cases were tossed after U.S. District Judge Cameron Currie found Lindsey Halligan, who filed the charges as interim U.S. attorney for the Eastern District of Virginia, was improperly appointed to the role.
Currie found the 120-day limit on interim appointments expired during the previous prosecutor's tenure, meaning district judges, not Attorney General Pam Bondi, had the authority to appoint a replacement.
"In light of these principles, I conclude that all actions flowing from Ms. Halligan's defective appointment, including securing and signing Mr. Comey's indictment, constitute unlawful exercises of executive power and must be set aside," Currie said in her ruling, also applying the same logic to James's indictment.
The rulings are a major blow to two of the highest-profile cases the Department of Justice (DOJ) has put forward during President Trump's second term. Comey was charged with making false statements to Congress and obstruction stemming from testimony he gave in 2020, while James was accused of mortgage fraud.
The cases stirred significant scrutiny over allegations that Trump and his allies were weaponizing the justice system to go after two of his most prominent political opponents, with reports that Halligan overruled career prosecutors who didn't believe enough evidence existed to pursue charges.
Comey and James both argued the charges were politically motivated and pleaded not guilty.
But they might not be out of the woods yet.
The cases were dismissed without prejudice, meaning they can be refiled by a different prosecutor. White House press secretary Karoline Leavitt pushed back on the judge's ruling, vowing the DOJ would appeal and accusing Currie of "trying to shield" Comey and James.
"The Department of Justice will be appealing very soon, and it is our position that Lindsey Halligan is extremely qualified for this position but more important was legally appointed to it," Leavitt said.
Some questions remain as to whether the case against Comey can be refiled. He was first charged near the end of a five-year statute of limitations that expired in September, and Comey's attorney has argued that a new indictment can't be filed because that window is now closed.
But a federal statute allows for indictments dismissed after the statute of limitations ends to be refiled within a six-month window.
The allegations against James, that she improperly received favorable loan terms on a Virginia home purchase, can more clearly be refiled.
Still, both Comey and James declared a win and indicated they're prepared to continue to proclaim their innocence.
"I remain fearless in the face of these baseless charges as I continue fighting for New Yorkers every single day," James said in a statement.
Comey said in a video posted on his Instagram page said he expects Trump to "come after me again."
"My attitude's going to be the same: I'm innocent, I am not afraid and I believe in an independent federal judiciary," Comey said.
However, unless the administration reverses the ruling on appeal, it will need to bring charges through a new prosecutor — either appointed by the district judges or confirmed through the Senate.
That could be a challenge, given the administration's difficulty in finding prosecutors to file the charges the first place.
The whole saga began when then-U.S. Attorney Erik Siebert, Halligan's predecessor, resigned under intense pressure from Trump to charge James. And Halligan was left to bring the case without the help of career prosecutors at the office.
▪ The Hill: Read the judge's order dismissing the Comey case.
▪ Mediaite: Fox News legal expert warns James may be celebrating early.
KELLY VS. THE PENTAGON: The Pentagon announced Arizona Sen. Mark Kelly (D) is under investigation for "serious allegations of misconduct" following his appearance in a video telling military service members they can disobey unlawful orders from the Trump administration.
Kelly was one of six Democrats with a military or intelligence background who released a video addressing troops last week. They didn't mention any specific orders, but the video came as the administration continues to carry out strikes on boats in the Caribbean and Eastern Pacific that it alleges were attempting to smuggle drugs into the U.S.
The administration has faced scrutiny over the lack of evidence it has provided for its claims and unclear legal justification for the strikes.
The video spurred significant backlash from members of the administration, with Trump calling the lawmakers "traitors" and suggesting they could be imprisoned or even executed.
The Defense Department said it launched an investigation into Kelly to "determine further actions, which may include recall to active duty for court-martial proceedings or administrative measures." Kelly retired from the U.S. Navy with the rank of captain and has worked as an instructor at the Navy Pilot School.
Kelly said in a post on the social platform X that a post about the investigation from Defense Secretary Pete Hegseth was the first he heard of the probe.
"If this is meant to intimidate me and other members of Congress from doing our jobs and holding this administration accountable, it won't work," he said. "I've given too much to this country to be silenced by bullies who care more about their own power than protecting the Constitution."
The Pentagon said military retirees are subject to federal laws prohibiting "actions intended to interfere with the loyalty, morale, or good order and discipline of the armed forces."
Hegseth said the investigation is limited to Kelly because the other Democratic lawmakers fall outside the department's jurisdiction. Kelly, a senior officer who retired from the Navy, is required to remain available for recall to the military by law, unlike the other five lawmakers in the video.
▪ The Hill: Arizona Sen. Ruben Gallego (D) drops f-bombs in response to Kelly probe.
Programming Note: Jared is off Wednesday ahead of the holiday, and Morning Report will take a break on Thursday and Friday. We'll be back in your inbox Monday morning.
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