Expect the Comey and James Indictments to Be Dismissed Without Prejudice

The initial appointment of the prosecutor in these cases was untenable — and Bondi’s fix doesn’t work.

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New York Attorney General Letitia James speaks to the media after she pleaded not guilty to charges that she defrauded her mortgage lender, outside the District Court for the Eastern District of Virginia, in Norfolk, Va., October 24, 2025.

Jonathan Ernst/Reuters

In the end, there just is not a good answer to the question.

I’m speaking of a question posed by Judge Cameron McGowan Currie to the government lawyers who are slated to try the Trump Justice Department’s prosecutions of former FBI Director James Comey and incumbent New York Attorney General Letitia James. Those defendants have moved to dismiss the charges on the ground that Lindsey Halligan, the Trump loyalist installed to indict the cases, was not qualified to prosecute under governing law.

Andrew C. McCarthy

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.

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