DOJ appeals dismissal of James, Comey criminal cases in long-shot legal gamble

Bondi vows 'immediate appeal' after judge drops cases against James Comey, Letitia James Republican political strategist Katie Zacharia joined 'Fox & Friends First' to discuss how the Justice Department is taking action after a judge dropped cases against James Comey and Letitia James. The Justice Department on Monday appealed the dismissal of its criminal cases against former FBI director James Comey and New York Attorney General Letitia James, making good on its vow to revive both cases despite what appear to be significant legal and procedural hurdles. Lawyers for the Trump administration appealed both cases Monday to the Fourth Circuit Court of Appeals, based in Richmond, Va. "The power to appoint an interim U.S. Attorney for the Eastern District of Virginia pursuant to 28 U.S.C. § 546 during the current vacancy lies with the district court until a U.S. Attorney is nominated by the President and confirmed by the Senate," the Justice Department said in its appeal. Both appeals challenge a ruling handed down by U.S. District Judge Cameron Currie in November, which found that former Trump lawyer Lindsey Halligan was illegally appointed to her role as interim U.S. attorney for the Eastern District of Virginia. Because Halligan was unlawfully appointed - and was the sole prosecutor who secured the indictments - Currie ruled that the indictments were invalid and dismissed both cases without prejudice. "Ms. Halligan has been unlawfully serving in that role since September 22, 2025," Currie said in an opinion filed in both cases. "All actions flowing from Ms. Halligan’s defective appointment" as a result, he said, "constitute unlawful exercises of executive power and must be set aside." COMEY SEEKS TO TOSS CRIMINAL CASE CALLING TRUMP PROSECUTOR 'UNLAWFUL' APPOINTEE Former FBI Director James Comey's old notes are coming back to haunt him. (Jonathan Ernst/Reuters) Attorney General Pam Bondi vowed then to "immediately" appeal the decision, and FBI Director Kash Patel said the FBI and Justice Department are exploring other options to keep the case against Comey alive. James was charged with two counts of bank fraud and making false statements to a financial institution during her 2020 purchase of a home in Norfolk, Virginia. Comey was charged with making false statements to Congress and for obstruction related to his testimony in September 2020. Currie dismissed Comey's case and James' case "without prejudice" - a detail that left the door open for the government to secure new indictments. Prosecutors ultimately attempted, without success, to re-indict both Comey and James, prompting new questions about the strength of the case. Federal prosecutors twice tried and failed to secure a new indictment against James from grand juries in Norfolk and then in Alexandria. Neither effort was successful. RAIGNED IN VIRGINIA ON FEDERAL BANK FRAUD CHARGES TIED TO 2020 HOME PURCHASE Left: James Comey speaks onstage during Former FBI Director James Comey In Conversation With MSNBC's Nicolle Wallace at 92NY on May 30, 2023, in New York City; Right: New York Attorney General Letitia James leaves the Walter E. Hoffman U.S. Courthouse...

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