The U.S. Department of Justice (DOJ) has initiated an appeal to reinstate criminal indictments against former FBI Director James Comey and New York Attorney General Letitia James. This move follows a federal judge’s dismissal of the cases due to concerns over the legality of the prosecutor’s appointment.
In November 2025, U.S. District Judge Cameron McGowan Currie dismissed the indictments, ruling that Lindsey Halligan, the interim U.S. Attorney who secured the charges, was unlawfully appointed. Judge Currie stated that Halligan’s appointment violated federal law and the Constitution’s Appointments Clause, rendering her actions, including the indictments, invalid. ([pbs.org](https://www.pbs.org/newshour/politics/judge-dismisses-cases-against-james-comey-letitia-james-after-finding-the-prosecutor-was-illegally-appointed?utm_source=openai))
Attorney General Pam Bondi expressed the DOJ’s intent to appeal the decision, emphasizing the department’s commitment to holding Comey and James accountable. Bondi stated, “We’ll be taking all available legal action, including an immediate appeal, to hold Letitia James and James Comey accountable for their unlawful conduct.” ([foxnews.com](https://www.foxnews.com/politics/bondi-targets-james-comey-letitia-james-legal-battle-hold-accountable-unlawful-conduct?utm_source=openai))
Following the dismissal, the DOJ attempted to re-indict James through grand juries in Norfolk and Alexandria, Virginia. Both efforts were unsuccessful, as the grand juries declined to bring new charges. ([foxnews.com](https://www.foxnews.com/politics/doj-appeals-dismissal-james-comey-criminal-cases-long-shot-legal-gamble?utm_source=openai))
In Comey’s case, the statute of limitations for the alleged offenses expired shortly after the initial indictment, complicating efforts to refile charges. Additionally, a separate federal judge blocked the DOJ from accessing certain evidence, further hindering the prosecution’s efforts. ([cbsnews.com](https://www.cbsnews.com/news/justice-department-appealing-james-comey-letitia-james-dismissals/?utm_source=openai))
The appeal is set to be heard by the U.S. Court of Appeals for the Fourth Circuit. Legal experts suggest that the outcome could have significant implications for the DOJ’s authority in appointing interim prosecutors and the validity of cases they oversee.
As the legal proceedings continue, both Comey and James maintain their innocence. James described the charges as “baseless” and expressed confidence in the judicial process. ([forbes.com](https://www.forbes.com/sites/alisondurkee/2025/11/24/case-against-james-comey-dismissed-as-judge-invalidates-trump-prosecutors-appointment/?utm_source=openai))
The DOJ’s appeal underscores the complexities involved in high-profile prosecutions and the critical importance of adhering to proper appointment procedures within the justice system.