Washington, D.C., 26 November (H.S.): The U.S. Department of Justice plans an immediate appeal after a federal judge on Monday dismissed high-profile indictments against former FBI Director James Comey and New York Attorney General Letitia James, ruling the prosecutor appointed to bring the cases was invalidly installed.

The decision by U.S. District Judge Cameron Currie delivers a significant setback to the Trump administration's efforts to prosecute two of the president's most prominent critics, though the legal battle is far from over.

Prosecutor's Appointment Deemed Unlawful

Judge Currie's rulings centered on the appointment of prosecutor Lindsey Halligan, who was selected by President Trump and installed by Attorney General Pam Bondi as interim U.S. Attorney for the Eastern District of Virginia.

The judge found that Halligan's appointment violated federal law, as it exceeded the statutory 120-day limit for such an interim role without Senate confirmation. Consequently, Judge Currie concluded that Halligan had no lawful authority to present the indictment, rendering the charges against both Comey and James void.

What Comes Next:Appeals and New Charges

Attorney General Bondi quickly announced that the DOJ would pursue an immediate appeal of the decision, vowing to hold Comey and James accountable. The government can challenge Judge Currie's ruling before the Fourth Circuit Court of Appeals. If the appeal fails, prosecutors could attempt to seek new indictments from a new grand jury with a lawfully appointed prosecutor.

However, this path is complicated, particularly in Comey's case, which involves charges of making false statements to Congress and obstruction of justice.

The Statute of Limitations Hurdle

A primary obstacle for re-indicting Comey on the same charges is the five-year statute of limitations, which expired at the end of September 2025. While a federal law typically allows a six-month grace period to refile charges after a dismissal, Judge Currie noted in her ruling that an invalid indictment cannot serve to block the statute of limitations as it swings closed, suggesting a new indictment may be time-barred.

Comey's lawyers have already signaled they will argue that the government is out of time. The case against James, which involves bank fraud, does not appear to face the same statute of limitations issue.

Both have maintained their innocence, claiming they are victims of politically motivated, vindictive prosecution.

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Hindusthan Samachar / Jun Sarkar