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Judge Dismisses Cases Against Comey and Letitia James as DoD Opens Inquiry Into Sen. Mark Kelly

Federal judges in the Eastern District of Virginia dismissed prosecutions of James Comey and New York Attorney General Letitia James after finding prosecutor Lindsey Halligan was improperly appointed as an interim U.S. attorney. The rulings may present a significant obstacle to those indictments, though they do not necessarily preclude new action. Separately, the Department of Defense opened an inquiry into Sen. Mark Kelly for appearing in a video advising service members they may refuse unlawful orders, a matter that could be handled under the Uniform Code of Military Justice. The events show courts have checked some politically charged prosecutions, but officials still possess tools to pursue adversaries.

02:12 PM, 11/25/2025Politics
Judge Dismisses Cases Against Comey and Letitia James as DoD Opens Inquiry Into Sen. Mark Kelly

Federal judges in the Eastern District of Virginia on Monday dismissed criminal prosecutions against former FBI director James Comey and New York Attorney General Letitia James after finding the prosecutor who brought the cases, Lindsey Halligan, had been improperly appointed as an interim U.S. attorney.

Comey had faced charges of lying to Congress and obstructing a congressional proceeding; Letitia James was indicted on bank-fraud allegations. The court's ruling does not automatically foreclose new action, but the defect in Halligan's appointment is likely a severe — potentially insurmountable — hurdle for those specific indictments.

What about Comey, Adam 'Shifty' Schiff, Leticia???…We can't delay any longer, it's killing our reputation and credibility.

The prosecutions were widely viewed as high-profile targets of the former president, who publicly urged authorities to pursue certain political opponents. According to reporting, the difficulty Mr. Trump had finding prosecutors willing to bring the cases led to Halligan's involvement.

Separate military inquiry

Separately, the Department of Defense announced an inquiry into Democratic Sen. Mark Kelly, a retired Navy captain, after he appeared in a video telling U.S. service members they may refuse unlawful orders. Unlike civilian criminal cases, allegations against a military officer can be handled under the Uniform Code of Military Justice and could, in theory, lead to a court-martial — although the investigation may not reach that stage.

That move marks an expansion of the administration's reach into new arenas beyond federal criminal indictments and underscores how officials can use different legal tools to pursue perceived adversaries.

What this means

So far, courts have blocked at least some of the administration's efforts to pursue politically sensitive prosecutions. But officials retain a range of authorities and investigative options that they can continue to deploy. The coming weeks will test how far those tools can be used and whether legal and institutional safeguards continue to check politically motivated action.

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