❓WHAT HAPPENED: The Department of Justice’s (DOJ) prosecution of former Federal Bureau of Investigation (FBI) Director James Comey was dismissed on Monday by senior U.S. District Court Judge Cameron McGowan Currie.
👤WHO WAS INVOLVED: James Comey, Judge Cameron McGowan Currie, and U.S. Attorney Lindsey Halligan.
📍WHEN & WHERE: Monday, November 24, 2025, in South Carolina.
💬KEY QUOTE: “The appointment of Ms. Halligan as Interim U.S. Attorney violated 28 U.S.C. § 546 and the Appointments Clause of the U.S. Constitution,” Judge Currie wrote in her opinion.
🎯IMPACT: Judge Currie determined that U.S. Attorney Lindsey Halligan is not legally allowed to prosecute the case.
The Department of Justice’s (DOJ) prosecution of former Federal Bureau of Investigation (FBI) Director James Comey was dismissed on Monday by senior U.S. District Court Judge Cameron McGowan Currie—a Bill Clinton appointee—of the United States District Court for the District of South Carolina. Comey had been arraigned on federal charges of false statements and obstruction of a congressional proceeding in late October. Judge Currie determined that U.S. Attorney Lindsey Halligan is not legally allowed to prosecute the case.
“The appointment of Ms. Halligan as Interim U.S. Attorney violated 28 U.S.C. § 546 and the Appointments Clause of the U.S. Constitution,” Judge Currie wrote in her opinion, continuing: “All actions flowing from Ms. Halligan’s defective appointment, including securing and signing Mr. Comey’s indictment, were unlawful exercises of executive power and are hereby set aside. The Attorney General’s attempts to ratify Ms. Halligan’s actions were ineffective and are hereby set aside.”
“Mr. Comey’s motion to dismiss the indictment (ECF No. 60) is granted in accordance with this order. The indictment is dismissed without prejudice,” Currie concluded, adding: “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 under 28 U.S.C. § 541.”
In early November, Comey’s legal team moved to have interim U.S. Attorney Lindsey Halligan disqualified from prosecuting his case. Comey’s legal team claimed Halligan’s appointment violated legal limits on who can serve as an interim U.S. attorney. They argued that the federal statute allows for only one 120-day appointment by the attorney general, after which the position must be filled by court-directed means. The Department of Justice (DOJ), however, contends that Siebert’s resignation reset the 120-day clock, permitting Attorney General Pam Bondi to appoint Halligan temporarily.
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