The Megyn Kelly Show Judge Dismisses Comey and James Cases, Pentagon Investigating Sen. Mark Kelly: AM Update 11/25
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Nov 25, 2025 A judge dismissed cases against former FBI Director James Comey and NY AG Letitia James, which may not shield Comey from future charges. Meanwhile, the Pentagon is investigating Senator Mark Kelly over controversial remarks regarding unlawful orders. A recorded incident involving a Campbell's soup executive has led to a lawsuit after disparaging comments about the company surfaced. Additionally, the National Weather Service warns of a Polar Vortex bringing severe winter conditions just as millions travel for Thanksgiving.
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Appointment Technicality Upends Prosecutions
- A judge threw out indictments of James Comey and Letitia James due to an allegedly invalid interim U.S. attorney appointment.
- The ruling raises separation-of-powers questions and may prompt appeals and higher-court resolution.
Don't Assume Dismissal Is Final
- Will Chamberlain warns Comey shouldn't celebrate because DOJ can appeal and refile within six months under 18 U.S.C. §3288.
- Expect prosecutors to seek reindictment unless an appeal or statute-of-limitations bar intervenes.
Statutory Reading Could Trigger Constitutional Clash
- Chamberlain argues Judge Curry's reading could unconstitutionally shift appointment power to the judiciary and conflict with statutory text.
- The dispute may require Supreme Court clarification given similar fights in other districts.