type: timeline_event
The Department of Justice filed appeals with the Fourth Circuit Court of Appeals on February 9, 2026, seeking to revive criminal charges against former FBI Director James Comey and New York Attorney General Letitia James, arguing that U.S. District Judge Cameron Currie was wrong to dismiss the indictments based on Lindsey Halligan's unlawful appointment as interim U.S. Attorney. The appeals came 19 days after Halligan's forced departure from DOJ on January 21, raising questions about whether the department had standing to continue the cases.
DOJ's filing argued that the U.S. Attorney for the Eastern District of Virginia had not been improperly appointed and the cases should not have been dismissed. Judge Currie had concluded in November 2025 that Trump and Attorney General Bondi circumvented federal vacancy laws and the Constitution in appointing Halligan, who had no prosecutorial experience but served as Trump's personal attorney. The charges against Comey included making false statements to Congress and obstructing a congressional proceeding; James faced bank fraud and false statement charges related to mortgage documents.
Legal experts noted that Halligan's expired service as interim U.S. Attorney raised fundamental questions about DOJ's ability to prosecute the appeals. After the initial dismissals, the Trump administration attempted to re-indict James through grand juries twice—both times failing to secure indictments in remarkable rebukes from grand jurors who typically side with prosecutors. The Comey prosecution similarly stalled after the unlawful appointment ruling, with career prosecutors who had handled the case believing evidence was insufficient and subsequently being fired.
The appeals represented DOJ's determination to pursue political prosecutions despite institutional, legal, and grand jury resistance. The cases had been brought by Halligan immediately after Trump's former aide Erik Siebert resigned under pressure for refusing to prosecute the cases, with frequent Trump target President Trump calling for both Comey and James to face criminal charges. DOJ's continued pursuit through appeals despite the unlawful appointment findings, Halligan's departure, and double grand jury failures on James exemplified the administration's use of the legal process itself as punishment regardless of legal merit or institutional legitimacy.