Federal Judge Cites 120-Day Limit, Dismisses Comey Criminal Case Over Illegal Prosecutor Appointment

Washington D.C. – A federal judge has dismissed criminal cases against former FBI Director James Comey and New York Attorney General Letitia James, ruling that the appointment of lead prosecutor Lindsey Halligan was illegal. U.S. District Judge Cameron McGowan Currie, sitting by designation, found that Halligan's appointment violated the 120-day limit set by 28 U.S.C. § 546 for interim U.S. Attorney appointments by the Attorney General, thus infringing upon the U.S. Constitution's Appointments Clause.

The ruling means the cases, which included charges against Comey for making false statements to Congress and obstructing a congressional proceeding, cannot proceed under the current prosecution. As journalist Kyle Cheney reported, "The criminal cases against James Comey and Letitia James are gone. A federal judge ruled that the appointment of Lindsey Halligan as the lead prosecutor was illegal."

Judge Currie determined that the Attorney General's authority to appoint an interim U.S. Attorney is limited to 120 days. After this period, the exclusive authority to make further interim appointments shifts to the district court. Halligan's appointment occurred after the 120-day window had closed following the resignation of the previous interim U.S. Attorney, Erik Siebert, who had reportedly expressed concerns about the viability of pursuing charges against Comey and James.

The court's decision highlighted that Halligan, a former White House aide with no prior prosecutorial experience, was appointed as Interim U.S. Attorney for the Eastern District of Virginia by the Attorney General on September 22, 2025, after the 120-day period had expired on May 21, 2025. This made her appointment invalid and her actions, including securing Comey's indictment, an "unlawful exercise of executive power."

The Department of Justice (DOJ) now faces significant challenges should it wish to pursue the cases further. The dismissal was issued "without prejudice," meaning the DOJ could theoretically refile charges. However, as Cheney noted, "DOJ could try again, but there are other headwinds," including potential issues with the statute of limitations for the alleged offenses, which the ruling indicated had expired on September 30, 2025, for Comey's case.