Judge Currie Dismisses Comey Indictment Without Prejudice, Rules Halligan's Interim Appointment Violated 28 U.S.C. § 546 and the Appointments Clause

On November 24, 2025, Senior United States District Judge Cameron McGowan Currie, sitting by designation in the Eastern District of Virginia, granted James Comey’s motion to dismiss the indictment. Her order holds that the appointment of Lindsey Halligan as Interim U.S. Attorney “violated 28 U.S.C. § 546 and the Appointments Clause of the U.S. Constitution,” and the indictment is dismissed without prejudice. The motion argued that Halligan was “the sole prosecutor who presented the case to the grand jury.”

See also 2026-01-08–fifth-federal-judge-rules-trump-us-attorney-unlawful for later rulings on acting U.S. Attorneys.

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The Cascade Ledger. “Judge Currie Dismisses Comey Indictment Without Prejudice, Rules Halligan's Interim Appointment Violated 28 U.S.C. § 546 and the Appointments Clause.” The Capture Cascade Timeline, November 24, 2025. https://capturecascade.org/event/2025-11-24--halligan-indictments-dismissed-appointment-unconstitutional/