"On September 25, 2025, Lindsey Halligan, a former White House aide with no prior prosecutorial experience, appeared before a federal grand jury in the Eastern District of Virginia. Having been appointed Interim U.S. Attorney by the Attorney General just days before, Ms. Halligan secured a two-count indictment charging former FBI Director James B. Comey, Jr. with making false statements to Congress and obstructing a congressional proceeding."
"Mr. Comey now moves to dismiss the indictment on the ground that Ms. Halligan, the sole prosecutor who presented the case to the grand jury, was unlawfully appointed in violation of 28 U.S.C. § 546 and the Constitution's Appointments Clause. As explained below, I agree with Mr. Comey that the Attorney General's attempt to install Ms. Halligan as Interim U.S. Attorney for the Eastern District of Virginia was invalid."
"But she also ruled that the judges in EDVA will choose the US Attorney until such time as Trump can get one confirmed by the Senate, which might, in theory, lead Erik Siebert to be reinstated. 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 under 28 U.S.C. § 541."
On September 25, 2025 Lindsey Halligan, a former White House aide with no prior prosecutorial experience, appeared before a federal grand jury in the Eastern District of Virginia after being appointed Interim U.S. Attorney by the Attorney General. Halligan secured a two-count indictment charging James Comey with false statements to Congress and obstruction. Judge Cameron Currie concluded the Attorney General's appointment of Halligan violated 28 U.S.C. § 546 and the Appointments Clause, finding Halligan lacked lawful authority to present the case. Currie granted Comey's motion and dismissed the indictment without prejudice. Currie ruled the EDVA judges hold interim appointment power until a presidential nominee is Senate-confirmed. The decision will be appealed and may not moot other challenges.
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