What comes next in the James Comey and Letitia James cases?

November 25, 2025

A federal judge dismissed criminal charges against former FBI Director James Comey and New York Attorney General Letitia James, determining that prosecutor Lindsey Halligan was invalidly appointed as US attorney and therefore lacked authority to bring the indictments. Both defendants had maintained their innocence and argued they were being targeted for political retaliation by President Trump and the Justice Department. While the ruling represents a significant legal victory for the two Trump critics, the judge left open the possibility for the government to pursue the cases again through different means.

Who is affected

Former FBI Director James Comey (charged with false statements to Congress and obstruction of justice)
New York Attorney General Letitia James (charged with bank fraud and false statements to a financial institution)
Prosecutor Lindsey Halligan (whose appointment as US attorney was ruled invalid)
US Attorney General Pam Bondi and the Department of Justice
President Trump and his administration
US District Judge Cameron Currie (who issued the ruling)
Legal teams representing Comey and James, including attorneys Patrick Fitzgerald and Abbe Lowell
Other defendants in cases Halligan may have brought in the Eastern District of Virginia

What action is being taken

The Department of Justice/Attorney General Pam Bondi is pledging to use all available legal action, including filing an immediate appeal to the Fourth Circuit Court of Appeals
Abbe Lowell (James' attorney) is continuing to challenge any further politically motivated charges through every lawful means available
The White House is maintaining its position that Halligan was lawfully appointed

Why it matters

This case matters because it represents a significant collision between presidential power and judicial independence, raising concerns about politically motivated prosecutions of perceived enemies. The ruling highlights critical legal limits on prosecutorial authority and the importance of proper appointment procedures under federal statutes. The case's unprecedented nature creates uncertainty about how the justice system handles situations where high-profile administration critics face criminal charges that may be retaliatory, potentially setting important precedents for executive power constraints. Additionally, the invalid appointment ruling could affect other cases Halligan has brought, creating broader implications for prosecutions in the Eastern District of Virginia.

What's next

The Department of Justice will file an immediate appeal to the Fourth Circuit Court of Appeals
If an appeal proceeds, the justice department would likely have its own lawyers argue the case
The government might attempt to convene new grand juries and secure new indictments with a different, lawfully appointed prosecutor
In Comey's case, his legal team plans to argue that the statute of limitations has expired and no further indictment is possible (though the dismissal may trigger a six-month grace period)
James' legal team will continue to challenge any further charges through all lawful means
The Trump administration may attempt to fast-track requests up to the US Supreme Court, as it has done in other cases

Read full article from source: BBC