Blow to Trump’s revenge prosecutions as cases against James Comey and Letitia James collapse

A federal judge has dismissed criminal cases against former FBI director James Comey and New York Attorney General Letitia James, delivering a significant setback to President Donald Trump's push to prosecute high-profile political rivals. District Judge Cameron Currie threw out both indictments after ruling that the prosecutor who brought the charges was unlawfully appointed. Lindsey Halligan, the interim US attorney who led the cases, was described by the judge as "a former White House aide with no prior prosecutorial experience." Under federal law, top prosecutors must be Senate-confirmed, and two acting appointments cannot follow one another.

Abuse of power?

"All actions flowing from Ms Halligan's defective appointment, including securing and signing Mr Comey's indictment, were unlawful exercises of executive power," Currie wrote. "And because Ms Halligan had no lawful authority to present the indictment, I will grant Mr Comey's motion and dismiss the indictment without prejudice." She made a similar ruling in James's case. The decision leaves open the option of refiling charges, though the statute of limitations on the Comey case may now have expired.

What were the charges against Comey and James?

Comey, 64, had been charged in September with making false statements to Congress and obstructing a congressional proceeding. James, 67, who successfully led the civil fraud case against Trump, faced counts of bank fraud and making false statements to a financial institution.

The indictments came after Erik Siebert, the interim US attorney for the Eastern District of Virginia, resigned, reportedly telling senior Justice Department officials there was no evidence to support charges. Attorney General Pam Bondi replaced him with Halligan, who moved ahead with the prosecutions.

Comey welcomed the ruling, calling the case "based on malevolence and incompetence," and said the dismissal underscored that a president cannot "use the Department of Justice to target his political enemies." James also celebrated the outcome, calling the accusations baseless.

The White House said the Justice Department will appeal, with Press Secretary Karoline Leavitt saying Comey should "pump the brakes on his victory lap."

The cases are part of a broader effort by Trump since taking office in January to go after critics and perceived enemies, including former national security adviser John Bolton, who faces charges over alleged mishandling of classified information. The Pentagon also confirmed Monday it is considering a court-martial against Democratic Senator and former astronaut Mark Kelly, following a video in which he urged troops to refuse unlawful orders.