Judge voids Comey and Letitia James indictments, finding Trump's hand-picked prosecutor was never lawfully appointed
Trump removed a US Attorney who opposed the charges and replaced him with a political loyalist with no prosecutorial experience
Erik Siebert was appointed interim U.S. attorney for the Eastern District of Virginia on Jan. 21, 2025. Under 28 U.S.C. § 546, an attorney general can name an interim U.S. attorney who may serve for 120 days; after that window expires, the district's federal judges gain exclusive authority to fill the vacancy.
Siebert's 120-day clock expired on May 21, 2025. When that deadline passed, the federal judges of the Eastern District unanimously voted to keep Siebert in place under their independent appointment authority — standard practice when the AG's window closes. Career prosecutors under Siebert reviewed the evidence against both Comey and James and determined the cases were too weak to bring: the Comey case rested on testimony about notes he gave to a friend in 2017, and the James case alleged she saved roughly $50 a month on a mortgage by misrepresenting a Norfolk property as a second home rather than an investment property.
Key Concepts
Essential concepts and terms to understand this topic
Incompatibility Clause
Constitutional ban on members holding another federal office simultaneously.
Term Limits Debate
The ongoing constitutional and policy debate over whether to impose mandatory term limits on members of Congress or federal judges, neither of which currently face constitutional limits.
Congressional Enforcement
Congress''s authority to enforce the Fourteenth Amendment and other constitutional guarantees.
Congressional Power Over Punishment
Each chamber''s power to discipline or expel its own members for misconduct.
Exclusionary Rule
Rule that evidence obtained illegally cannot be used to convict someone in court.
Expulsion of Members
Each chamber can vote to remove a member with a two-thirds majority.
Bills of Attainder and Ex Post Facto Laws
Laws that punish people without trial or for past legal conduct
Ineligibility Clause
Constitutional bar on members accepting federal offices created or with increased salaries during their term.
Congressional Ethics
Rules governing member conduct and preventing conflicts of interest in Congress.
Extradition
States must return fugitives to states where they face criminal charges.
Key People
11
Lindsey Halligan
Interim U.S. Attorney, Eastern District of Virginia (installed Sept. 22, 2025)
A former insurance attorney with no prosecutorial experience, Halligan served on Trump's legal defense team in the Jack Smith classified documents case. She was installed as interim U.S. attorney by Bondi at Trump's direction on Sept. 22 — three days before she personally presented the Comey indictment. Judge Currie found she had been 'unlawfully serving' from the moment of her appointment.
CC
Cameron Currie
U.S. District Judge, District of South Carolina (Clinton appointee); sitting by designation
Currie was assigned to the case because local Eastern District of Virginia judges were recused from the appointment challenge — they would be involved in selecting Halligan's replacement. She heard oral arguments in November 2025 and issued the Nov. 24 rulings dismissing both indictments, delivering some of the strongest language of the entire episode: 'That cannot be the law.'
ES
Erik Siebert
Former interim U.S. Attorney, Eastern District of Virginia (Jan. 21–Sept. 22, 2025)
Siebert was Trump's original interim U.S. attorney appointment for EDVA. Career prosecutors under him reviewed the Comey and James evidence and concluded it was too weak for trial. He 'resisted bringing the cases' against Trump's political opponents, and resigned under pressure rather than comply with the directive to prosecute them — a decision that cost him his position but preserved his professional integrity.
Pam Bondi
U.S. Attorney General
Bondi appointed Halligan, signed the retroactive 'special attorney' ratification order on Oct. 31, defended Halligan as 'an excellent U.S. attorney' after the dismissal, and pledged an 'immediate appeal.' She cited a wrong statutory provision in the initial Halligan appointment order, which Currie noted and the DOJ later characterized as a mere 'paperwork mistake.' Her attempt to retroactively ratify the appointment was rejected by Currie.
Kash Patel
FBI Director
Patel's 2023 book 'Government Gangsters' listed both Comey and James among 50+ officials he identified as 'deep state' enemies — a list treated by the Trump administration as a prosecution roadmap. As FBI director, Patel's bureau provided investigative support for the cases and his prior characterizations of targets provided the political framing for the prosecutions.
James Comey
Former FBI Director (2013–2017); indictment defendant
Comey was charged with lying to Congress and obstruction for 2020 testimony about notes he shared with a friend in 2017 — conduct for which prosecutors had previously declined to bring charges. He posted on Instagram after the dismissal: 'This was a prosecution based on malevolence and incompetence.' His attorney Fitzgerald argues the statute of limitations has permanently run on all charges.
Letitia James
New York Attorney General; indictment defendant
James was charged with bank fraud for allegedly misrepresenting a Norfolk property as a second home rather than a rental investment — a characterization she denied. The alleged scheme saved her approximately $50 a month on mortgage payments. Two post-dismissal grand juries declined to re-indict her. She called the charges 'baseless' and vowed to remain 'fearless.'
PF
Patrick Fitzgerald
Attorney for James Comey; former U.S. Attorney, Northern District of Illinois
Fitzgerald — the former federal prosecutor who convicted Scooter Libby in the Valerie Plame leak investigation — argued that the dismissal voids the indictment entirely and that the statute of limitations has permanently run. His post-ruling statement was the definitive legal interpretation that Comey cannot be re-indicted for the same conduct.
AL
Abbe Lowell
Attorney for Letitia James
Lowell, who also represented Jared Kushner and Hunter Biden in separate matters, argued the prosecution was vindictive and that 'career prosecutors refused' before Trump installed a loyalist to bring the charges. After the dismissal, he pledged to challenge 'any further politically motivated charges.'
HW
Henry Whitaker
DOJ attorney; argued for the government at the dismissal hearing
Whitaker argued before Currie that Bondi's defective appointment citation was merely 'a paperwork mistake' that should not doom the indictments, and that the issues raised by Comey and James were 'at best' a technical error. He also argued any government attorney can present a case to a grand jury — an argument Currie rejected outright.
Donald Trump
President of the United States
Trump publicly pressured Bondi on Truth Social to prosecute Comey and James, posting 'JUSTICE MUST BE SERVED, NOW!!!' — the post that precipitated Siebert's removal. After the dismissal, Trump said Comey and James 'got out on a technicality' and suggested Halligan was 'a very talented lawyer.' His direct public involvement in directing prosecutorial decisions was cited by defendants as evidence of vindictive prosecution.
What you can do
Read Judge Currie's Nov. 24 ruling — it is one of the clearest explanations of the Appointments Clause in recent memory
education
Currie's orders are publicly available through PACER or legal news outlets and contain some of the most readable judicial writing on why the Constitution's appointments process exists and what happens when it is circumvented. Her line — 'That cannot be the law' — is a marker of judicial resolve.
Contact your senators about the Senate's confirmation role for U.S. attorneys
civic action
The Appointments Clause requires Senate confirmation of principal officers, including U.S. attorneys. The Trump administration attempted to circumvent this in at least five districts. Your senators vote on U.S. attorney confirmations. Ask whether they support clarifying 28 U.S.C. § 546 to prevent successive 120-day appointments that evade the Senate's confirmation role.
Track the Fourth Circuit appeal — it will determine whether Currie's ruling stands and whether the statute-of-limitations interpretation is affirmed
education
The DOJ filed its Fourth Circuit appeal on Dec. 19, 2025. The outcome will determine whether Comey can be recharged and whether the administration's retroactive ratification strategy is viable. Monitor through the Fourth Circuit's public docket.