DOJ Appeals Dismissal of James and Comey Criminal Cases to Fourth Circuit
The Department of Justice has appealed the dismissal of the criminal cases against Lindsey Halligan and Letitia James to the Fourth Circuit Court in Richmond, Virginia, in an effort to revive the prosecutions. This follows a ruling by Judge Cameron Currie who declared Halligan's interim appointment as U.S. Attorney for the Eastern District of Virginia unlawful and invalidated the indictments, leading to the dismissal of the cases without prejudice.
Halligan was appointed on September 22, 2025, but Currie found that she was unlawfully serving, and as the sole prosecutor who secured the indictments, this rendered the charges invalid. Attorney General Pam Bondi has vowed to appeal the ruling immediately, while FBI Director Kash Patel stated that the department is exploring other options to keep the cases alive.
Letitia James faces two counts of bank fraud and making false statements to a financial institution related to a 2020 home purchase in Norfolk, Virginia. Lindsey Comey is charged with making false statements to Congress and obstruction related to his testimony in September 2020. Prosecutors have attempted twice to re-indict both James and Comey but failed to obtain new indictments from grand juries in Norfolk and Alexandria.
Judge Currie's ruling also raises statute-of-limitations concerns since the five-year limits expired on September 30, 2025. It remains unclear whether the court order can reset the clock, and a dismissal by the Fourth Circuit would trigger a 60-day window to re-indict Comey.
