The Lawfare Podcast Lawfare Live: Judge Dismisses Indictments Against James Comey and Letita James
Nov 24, 2025
Roger Parloff, a Senior Editor at Lawfare, and James Pearce, a Contributor with insights into constitutional issues, dive into the judge's dismissal of indictments against James Comey and Letitia James. They explore the implications of Lindsey Halligan's unlawful appointment under federal law and analyze the Appointments Clause's impact. The discussion also touches on potential government appeals, the broader trend of disqualified interim U.S. Attorneys, and the challenges of re-filing charges in different jurisdictions.
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Unlawful Interim Appointment Found
- Judge Curry held that Lindsey Halligan was unlawfully appointed under 28 U.S.C. §546 when a prior interim appointee resigned.
- The ruling found the statute foreclosed a second AG interim appointment and required district-court appointment after 120 days.
Appointments Clause And U.S. Attorneys
- The Appointments Clause generally requires presidential appointment and Senate confirmation for principal officers.
- Courts treat U.S. attorneys as inferior officers, allowing statutory alternatives like AG or judicial appointment under the Clause.
'Without Prejudice' Still Risky For Comey
- Dismissals were without prejudice, so the government can refile but faces statute-of-limitations hurdles in Comey's case.
- Judge Curry treated the indictments as void ab initio, prompting a likely statute-of-limitations battle if the government tries to refile.