Former FBI Director James Comey (l) and New York Attorney General Letitia James|comey; Matthew Cohen|Instagram; CC BY 2.0

A federal judge on Monday dismissed criminal charges against former FBI Director James Comey and New York Attorney General Letitia James, ruling that the prosecutor chosen to bring the cases was unlawfully appointed. 

Judge Cameron McGowan Currie said the Trump administration bypassed the standard Senate confirmation process when it installed Lindsey Halligan as interim attorney in Virginia.

Comey and James argued that Halligan, a former insurance lawyer and Trump’s personal attorney with no prosecutorial background, lacked legal authority to pursue indictments. 

Currie agreed, adding that the government cannot use a private citizen to secure indictments and later justify the appointment.

The judge rejected Attorney General Pam Bondi’s attempt to ratify the indictments after they were filed, saying it did not fix the unlawful appointment.

Although the judge dismissed the cases without prejudice, legal experts say it may be difficult to revive them due to expired deadlines and procedural issues.