BREAKING NEWS
By
Anne T. Sulton, Ph.D., J.D.
JA Senior International Correspondent
On November 24, 2025, the criminal charges against Letitia James (Attorney General for New York) were dismissed. The U.S. District Court for the Eastern District of Virginia in Norfolk granted James’s motion to dismiss, stating in its 26-page decision: “I agree with Ms. James that the Attorney General’s attempt to install Ms. Halligan as Interim U.S. Attorney for the Eastern District of Virginia was invalid. And because Ms. Halligan had no lawful authority to present the indictment, I will grant Ms. James’s motion and dismiss the indictment without prejudice.”
Essentially, this court decision means Lindsey Halligan, a former White House aide, did not have authority to file criminal charges against James in October 2025. However, the criminal charges against James, alleging bank fraud associated with the purchase of a second home, could be re-filed by a properly appointed U.S. Attorney.
The court reiterated that Halligan did not have the authority to haul James before it on criminal charges, stating: “I conclude that the Attorney General’s attempt to install Ms. Halligan as Interim U.S. Attorney for the Eastern District of Virginia was invalid and that Ms. Halligan has been unlawfully serving in that role since September 22, 2025. … I conclude that all actions flowing from Ms. Halligan’s defective appointment, including securing and signing Ms. James’s indictment, constitute unlawful exercises of executive power and must be set aside. There is simply ‘no alternative course to cure the unconstitutional problem.’”
Of note is footnote 15 of the decision which discusses some of the legislative history supporting the court’s decision. It mentions Congressional Record remarks made in 2007 by several members of Congress, including Rep. John Conyers and Rep. Sheila Jackson Lee.
On November 24, 2025, this same court also dismissed criminal charges pending against former FBI Director James Comey. The indictment against Comey alleged he made false statements to Congress and obstructed a congressional proceeding.
When dismissing the charges against Comey, the court said in its 29-page decision that charges against Comey are dismissed “because Ms. Halligan had no lawful authority to present the indictment”. The decision reads much the same as the court’s decision in the James’s case.
His case too was dismissed “without prejudice”.
