By Brian Freeman | Sunday, 21 December 2025 04:46 PM EST
The Department of Justice announced it would appeal a judge’s decision to dismiss criminal cases against former FBI director James Comey and New York Attorney Letitia James. The government maintained that the prosecutor, who was ruled unlawfully appointed by the court, remains on the job.
Deputy Attorney General Todd Blanche stated he expects the government to win the appellate review.
The appeal follows two failed attempts by U.S. Attorney for the Eastern District of Virginia Lindsey Halligan and Justice Department lawyers to secure new indictments against James.
Blanche defended Halligan, asserting she is “still doing a great job” despite a court ruling that she was not lawfully acting in her role.
U.S. District Judge Cameron Currie ruled that Halligan’s appointment as interim U.S. attorney violated federal law and the Constitution’s Appointments Clause, ordering the criminal charges against Comey and James to be dismissed.
In her opinion, Currie wrote: “I conclude that all actions flowing from Ms. Halligan’s defective appointment, including securing and signing Mr. Comey’s indictment, constitute unlawful exercises of executive power and must be set aside.”
Republican leadership has accused judges of a “campaign of bias and hostility” against the former Trump attorney.
While the attorney general may appoint an interim U.S. attorney for 120 days, attorneys opposing Trump’s decision argued that the window had expired — an opinion with which the judge agreed.
The administration maintains that Halligan is both qualified and legally appointed to her position.
