By Theodore Bunker | Monday, 24 November 2025 03:12 PM EST
Former New Jersey Superior Court Judge Andrew Napolitano discussed the dismissal of indictments against former FBI Director James Comey and New York Attorney General Letitia James. He stated that interim U.S. Attorney Lindsey Halligan exceeded the 120-day limit, leading to the invalidation of the indictment. Senior U.S. District Judge Cameron McGowan Currie ruled that Halligan lacked the authority to bring charges against Comey and James because she had exceeded the 120-day limit on her tenure. Napolitano noted in an interview that Currie made the correct decision, emphasizing that the president can appoint a U.S. attorney without Senate confirmation for 120 days. He explained that the president can appoint one person for 120 days, he can appoint 120 people for one day each, but he can’t appoint anybody beyond the 120 days. Lindsey Halligan was appointed beyond the 120 days. Napolitano added that when she signed the indictment for Jim Comey and every other indictment that she may have signed since her appointment, the signature was invalid, and the indictment was invalid. While the statute of limitations prevents indicting Comey again, James remains vulnerable to refiling because her case still falls within the limitations window. Napolitano stated that in Comey’s case, the five-year statute of limitation has already expired, effectively precluding any new indictment. He mentioned that the Justice Department could appeal the decision to the 4th Circuit Court of Appeals this morning and that Halligan is the third Trump-appointed interim U.S. attorney whose appointment has been invalidated.
