DOJ Moves to Challenge Ruling That Dismissed Cases Against Comey and James

The Department of Justice has announced it will appeal a federal judge’s ruling that dismissed criminal cases against former FBI Director James Comey and New York Attorney Letitia James. The government insists that U.S. Attorney Lindsey Halligan, whose appointment the court deemed unlawful, continues to serve.

Deputy Attorney General Todd Blanche stated Sunday that the Department of Justice expects to prevail in the appellate review.

The appeal follows two unsuccessful attempts by U.S. Attorney Lindsey Halligan and Justice Department attorneys to secure a new indictment against Letitia James.

Blanche defended Halligan’s role, asserting she “is still doing a great job” despite a court ruling that her appointment violated federal law.

U.S. District Judge Cameron Currie ruled that Halligan’s interim appointment as U.S. attorney for the Eastern District of Virginia breached federal law and the Constitution’s Appointments Clause, resulting in the dismissal of cases against Comey and James. In his opinion, Currie concluded: “All actions flowing from Ms. Halligan’s defective appointment, including securing and signing Mr. Comey’s indictment, constitute unlawful exercises of executive power and must be set aside.”

Republican leadership has accused federal judges of a “campaign of bias and hostility” toward the former Trump attorney.

The administration maintains that Halligan is both qualified and legally appointed to her position, though attorneys opposing President Trump’s decision argued that the 120-day interim appointment window had expired—a determination the judge upheld.