On November 24, 2025, a federal judge threw out the cases against James Comey and Letitia James. The judge did not say either person was innocent. She did not rule on the facts of the charges. The key issue was who had the power to bring the cases.
The judge was Cameron McGowan Currie. She ruled that Lindsey Halligan did not have the right to serve as the interim U.S. attorney in that district. Halligan took both cases to grand juries. She also signed the charges.
Why the appointment failed
That made the job issue a big deal. If Halligan had no power to act, the charges could not stand.
The law sets a time limit for this kind of job. The key rule is 28 U.S.C. § 546. It gives the top law officer a short time to fill the open post.
In this district, Erik Siebert had been named to the job in January 2025. Judge Currie ruled that this started the 120-day clock. That clock ran out in May.
Halligan was named months later. The court said the clock could not start again just because a new person got the job. It also said the problem could not be fixed after the fact.
That is why the cases were dismissed. The ruling was about power and process. It did not say Comey or James did nothing wrong.
What happened to Comey’s case
Comey had been charged over statements he made to Congress in 2020. The case was dismissed without prejudice. In simple terms, that can leave the door open for a new case.
But Comey’s case had a major problem. His lawyers said the five-year time limit for the charges had already run out. The judge also raised doubt about whether the first, invalid indictment had stopped that clock.
DOJ appealed. As of September 9, 2026, the case was still in the Fourth Circuit. The court was set to hear arguments in mid-September.
Comey also has a different case now. In April 2026, a grand jury in North Carolina charged him over a 2025 social media post that showed “86 47.” That case is separate. It is not the same case that Judge Currie threw out in Virginia.
What happened to Letitia James’s case
James had faced a mortgage-fraud case. That case was also dismissed because Halligan lacked the power to bring it.
The dismissal did not clear James on the facts. It ended that indictment. Later efforts to bring back the case did not lead to a new indictment.
James has also faced a different federal probe. In August 2026, a federal appeals court blocked subpoenas aimed at her office. That ruling also dealt with who had the right to act as a prosecutor. It was a separate case.
Why this matters beyond two famous names
This fight is about more than two big names. It asks who may use the power of DOJ. That same question shows up in other disputes over presidential power and court limits.
A president can want a case brought. An attorney general can agree. But the prosecutor still needs legal power to act.
That is why these job rules matter. They help split power between the White House, the Senate, the courts, and DOJ. Our look at Trump’s first second-term veto fights shows another way the branches can push back on each other.
The same issue has come up in other fights over U.S. power. Courts have had to ask if an official had the right job before that person used government power. Questions about records, law, and oversight also appear in the Epstein Files Transparency Act fight.
If you want the rules in print, a pocket U.S. Constitution can be handy. A simple U.S. civics guide can also help explain how the branches fit together.
Politics still shapes how people see the cases
Politics still shapes how we see these cases. Trump fans may think Comey and James deserved close review. Trump critics may see the cases as payback against old foes.
That split is not new. Talk about how the two main parties changed can turn into a fight over who did what and why. A related look at the history behind the party-switch debate shows how easy it is for political history to get flattened into team slogans.
Both views are part of the debate. But the November 2025 court call was much more narrow. The judge asked one key question: did Halligan have the right to bring the cases?
The answer, in that court, was no.
Where the cases stand in September 2026
As of September 9, 2026, the original Virginia cases against Comey and James were still dismissed. The DOJ appeal was still in court.
Other cases with Comey and James are on separate tracks. That can make the news hard to follow.
A good rule is simple. Check the court. Check the charge. Check the date. Do not assume two headlines are about the same case.
The cleanest way to read this story is this: the 2025 Virginia cases were thrown out because the prosecutor did not have the right job. The court did not clear either person on the facts. The appeal will decide whether that ruling stands.
