Judge Currie Dismisses Comey and James Indictments, Rules Halligan Appointment Unconstitutional

U.S. District Judge Patricia Tolliver Currie of the Eastern District of Virginia dismissed both the James Comey and Letitia James indictments, ruling that Lindsey Halligan’s appointment as U.S. Attorney was unconstitutional.

Key findings:

• Halligan did not meet the qualifications required under 28 U.S.C. § 546 or the Federal Vacancies Reform Act (FVRA) for interim appointment as U.S. Attorney
• Her complete lack of criminal prosecution experience was central to the ruling
• All actions taken under her authority as U.S. Attorney were void

This was the fourth federal judge to rule a Trump-era interim U.S. Attorney appointment unlawful:

1. Judge Brann (M.D. Pa.) — Alina Habba appointment, August 22, 2025
2. Judge Campbell (D. Nev.) — Sigal Chattah appointment, September 30, 2025
3. Judge Seabright (D. Haw./C.D. Cal.) — Daniel Essayli appointment, October 28, 2025
4. Judge Currie (E.D. Va.) — Lindsey Halligan appointment, November 24, 2025

A fifth ruling would follow: Judge Schofield (S.D.N.Y.) ruled Edward Sarcone’s appointment unlawful on January 8, 2026.

Despite the ruling, the DOJ continued to treat Halligan as U.S. Attorney until January 20, 2026, when Judge Novak issued his “charade of masquerading” ruling.