Legal Expert Jonathan Turley Explains Why Comey and James Are Not Out of the Woods Yet, Despite Cases Being Dismissed
Former FBI Director James Comey and New York Attorney General Letitia James had indictments against them dismissed by a federal judge due to the improper appointment of Interim U.S. Attorney Lindsey Halligan, who brought the charges. The judge ruled that Halligan’s appointment was defective since she was not approved by the relevant district judges, making all actions from her office unlawful and invalid. Although both Comey and James celebrated the dismissal, legal expert Jonathan Turley emphasized that the decision dose not declare their innocence but rather points to a procedural flaw in the prosecution’s authority. The Department of Justice plans to appeal the rulings and may refile charges where possible.The case highlights the importance of correct legal appointments and procedural compliance in federal prosecutions.
George Washington University Law School professor Jonathan Turley made clear on Monday why former FBI Director James Comey and New York Attorney General Letitia James are not out of legal jeopardy yet.
Earlier in the day, U.S. District Judge Cameron McGowan Currie, a Bill Clinton appointee, ruled that Interim U.S. Attorney Lindsey Halligan was incorrectly appointed, and therefore, the indictments brought by her office against Comey and James were “defective.”
“All actions flowing from Ms. Halligan’s defective appointment … constitute unlawful exercises of executive power and must be set aside,” the judge wrote.
Halligan, President Donald Trump’s former personal attorney, took over the U.S. attorney position from Erik Siebert, who was also serving on an interim basis, with the approval of the judges from the Eastern District of Virginia.
Presidents can appoint interim U.S. attorneys for 120 days while permanent nominees are being considered by the U.S. Senate. But, after that time period, the power reverts to the federal judges serving in that district to make the appointment, ABC News reported.
Halligan was not approved by the judges.
Her office filed charges against Comey in September for making false statements to Congress and obstructing a congressional proceeding during testimony in 2020.
Halligan had also charged James with mortgage fraud in relation to a home she purchased in Norfolk, Virginia, in 2020.
Both Comey and James celebrated Monday’s rulings. “I’m grateful that the court ended the case against me, which was a prosecution based on malevolence and incompetence,” Comey said in a video posted online.
James responded on social media, saying, “I am heartened by today’s victory and grateful for the prayers and support I have received from around the country. I remain fearless in the face of these baseless charges as I continue fighting for New Yorkers every single day.”
However, Turley told Fox News regarding the ruling, “Letitia James might be celebrating a tad too early. The problems here are not with the charges themselves, but essentially with the cop, or in this case, the prosecutor. So the court is not saying that she was innocent of these charges. The court is simply saying the person who signed off on the charges didn’t have the authority to do that.”
“So the obvious thing here is to get someone who is lawfully in a position to perform this role,” he added.
🚨Hold the balloons and “Congratulations” cake! @JonathanTurley explains why Letitia James and James Comey shouldn’t celebrate despite a judge dropping multiple charges against the duo. @DailyCaller 🚨 pic.twitter.com/NetSb5GwxW
— Harold Hutchison (@HaroldHutchison) November 24, 2025
In a blog post regarding the rulings in favor of James and Comey, Turley emphasized, “None of this means that the defendants are innocent of the underlying criminal acts.”
Politico noted that Comey’s case is trickier for the DOJ to remedy, because the statute of limitations regarding the alleged crimes he committed ran out on Sept. 30.
But federal law does allow that if an indictment is thrown out “for any reason,” the DOJ has a six-month grace period to re-indict, despite the statute of limitations expiring.
Attorney General Pam Bondi informed reporters on Monday, “We’ll be taking all available legal action, including an immediate appeal, to hold Letitia James and James Comey accountable for their unlawful conduct.”
BREAKING: AG Pam Bondi confirms an appeal is underway after a judge dismissed cases against James Comey and Letitia James.
“We’ll be taking all available legal action, including an immediate appeal, to hold them accountable.”
No one is above the law.
pic.twitter.com/2jPOJ9jNtT— Benny Johnson (@bennyjohnson) November 24, 2025
White House press secretary Karoline Leavitt told Fox News, “Everybody knows James Comey lied to Congress. It’s as clear as day. And this judge took an unprecedented action to throw these cases out to shield James Comey and Letitia James from accountability, based on a technical ruling.”
🚨 BREAKING: Karoline Leavitt gives NUCLEAR response to James Comey taking a victory lap that his indictment was dismissed over “procedural issues”
“The DOJ WILL BE APPEALING this in VERY short order!”
“Maybe James Comey should pump the BRAKES on his victory lap!”
GOOD! 🔥 pic.twitter.com/Z5tYtzgcum
— Eric Daugherty (@EricLDaugh) November 24, 2025
She added, “The Department of Justice will be appealing this in very short order, so maybe James Comey should pump the brakes on his victory lap.”
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