The Justice Department has appealed to the Fourth Circuit seeking to overturn a federal judge’s dismissal of criminal cases against former FBI Director James Comey and New York Attorney General Letitia James. Judge Cameron Currie found the interim U.S. attorney who obtained the indictments, Lindsey Halligan, was unlawfully appointed and vacated the indictments. Prosecutors twice failed to re-indict James, and Comey’s case faces deleted evidence and statute-of-limitations issues tied to Sept. 30, 2025. A Fourth Circuit ruling could permit refiling within a limited window if the appeals court allows it.
DOJ Appeals Dismissals Of Comey And Letitia James Cases, Seeking To Revive Prosecutions
Former FBI Director James Comey's old notes are coming back to haunt him.
The Justice Department on Monday asked the U.S. Court of Appeals for the Fourth Circuit in Richmond, Virginia, to overturn a lower-court ruling that dismissed criminal cases against former FBI Director James Comey and New York Attorney General Letitia James. The appeals aim to reinstate indictments that a federal judge found invalid after concluding the interim U.S. attorney who secured them was unlawfully appointed.
DOJ Argument
"The power to appoint an interim U.S. Attorney for the Eastern District of Virginia pursuant to 28 U.S.C. § 546 during the current vacancy lies with the district court until a U.S. Attorney is nominated by the President and confirmed by the Senate," the Justice Department said in its appeal.
Background
Both appeals challenge U.S. District Judge Cameron Currie’s November decision that Lindsey Halligan, described in filings as a former Trump lawyer, was unlawfully appointed as interim U.S. Attorney for the Eastern District of Virginia. Judge Currie concluded that because Halligan’s appointment was defective and she was the sole prosecutor who obtained the indictments, the indictments themselves were invalid.
Left: James Comey speaks onstage during Former FBI Director James Comey In Conversation With MSNBC's Nicolle Wallace at 92NY on May 30, 2023, in New York City; Right: New York Attorney General Letitia James leaves the Walter E. Hoffman U.S. Courthouse following an arraignment hearing on Oct. 24, 2025 in Norfolk, Virginia.
"Ms. Halligan has been unlawfully serving in that role since September 22, 2025," Judge Currie wrote in an opinion filed in both matters.
Currie dismissed the cases without prejudice, which left open the possibility that prosecutors could cure procedural defects and seek new indictments. Attorney General Pam Bondi pledged to "immediately" appeal, and FBI Director Kash Patel said the department and bureau were exploring options to keep the Comey prosecution alive.
Efforts To Re-Indict
Prosecutors did attempt to obtain fresh indictments but were unsuccessful. Federal prosecutors twice sought a new indictment of Letitia James — first before a Norfolk grand jury and then before one in Alexandria — and both efforts failed, raising questions about the strength of the underlying evidence.
Comey Case Complications
New York Attorney General Letitia James hosts a town hall at SUNY Westchester Community College in 2025.
In Comey’s matter, a separate judge ordered the deletion of certain evidence, including emails and electronic data that had been central to the government’s case. The prosecution also faces statute-of-limitations concerns: both counts carry five-year limits that expired on Sept. 30, 2025, just three days after Halligan’s appointment.
It remains uncertain whether Judge Currie’s dismissal will "reset the clock" under the relevant federal statute — a point of contention raised by allies of former President Trump. Under the same statute, an adverse appellate ruling could create a 60-day window for the Justice Department to refile charges if the Fourth Circuit’s decision permits refiling.
Next Steps
On Monday the Justice Department notified the lower court that it had filed both appeals with the Fourth Circuit. The appeals court’s decision will determine whether the cases can be revived, whether prosecutors will have an opportunity to refile charges, and how statute-of-limitations questions should be resolved.
