Editor's Note: This post was meant to be published on Monday afternoon, but for some reason didn't post. Our apologies if it has that "not so fresh" feeling.
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As you've no doubt heard, on Monday, a federal district judge dismissed the indictments against former FBI Director James Comey and New York Attorney General Letitia James.
BREAKING: Judge dismisses cases against James Comey and Letitia James after finding that prosecutor was illegally appointed. https://t.co/aGLMJKUcsw
— The Associated Press (@AP) November 24, 2025
The AP reports:
A federal judge on Monday dismissed the criminal cases against former FBI Director James Comey and New York Attorney General Letitia James, concluding that the prosecutor who brought the charges at President Donald Trump’s urging was illegally appointed by the Justice Department.
…
The orders do not concern the substance of the allegations against Comey or James but instead deal with the unconventional manner in which the prosecutor, Lindsey Halligan, was named to her position as interim U.S. attorney for the Eastern District of Virginia. Defense lawyers said the Trump administration had no legal authority to make the appointment. In a pair of similar rulings, [U.S. District Judge Cameron McGowan] Currie agreed and said the invalid appointment required the dismissal of the cases.
As this editor writes this post, the top trend on X is "WITHOUT PREJUDICE," which are the two words Assistant Attorney General for Civil Rights at the U.S. Department of Justice, Harmeet K. Dhillon, posted:
WITHOUT PREJUDICE!
— AAGHarmeetDhillon (@AAGDhillon) November 24, 2025
Catherine Herridge explains:
Court order dismissing @Comey case calls appointment of interim US Attorney Lindsey Halligan "defective."
— Catherine Herridge (@C__Herridge) November 24, 2025
Comey's indictment is "dismissed without prejudice."
A former DOJ official said that means the indictment could potentially be refiled. pic.twitter.com/lKO3O9tCal
But what about the statute of limitations in Comey's case?
Also - an important whitepill re: Comey. Because the original indictment was timely filed against Comey, DOJ has a six-month period to re-indict, even though the statute of limitations would have run by now had Comey never been indicted pic.twitter.com/BdeTAf59Pz
— Will Chamberlain (@willchamberlain) November 24, 2025
It's not the end for Comey. Lying to Congress is one thing, the furtherance of an "ongoing conspiracy" charges that will come out of the Florida grand jury are entirely different.
— GearDown (@GearDown10) November 24, 2025
BREAKING: A federal judge just tossed the indictments against James Comey and Letitia James without prejudice.
— Benny Johnson (@bennyjohnson) November 24, 2025
Appeal and keep it moving. No one is above the law.
pic.twitter.com/2qe3dn8IC3
Yup. Very important detail. This can can be brought again with a new prosecutor.
— Shawn Farash (@Shawn_Farash) November 24, 2025
People blackpilling are doing it for the sake of doing it
I can almost hear you shouting this into your computer screen 😂
— Thomas Shields (@TRS_Actual) November 24, 2025
Statute of limitations isn't an issue any longer, I believe. Should be a simple appeal.
How does this work with statute of limitations? I understand Comey has some charges that are about to reach that threshold.
— Steve Wilson (@wilstv) November 24, 2025
There’s a six-month grace period to refile the indictments. 18 USC 3288.
— Regi Davis (@regi_davis) November 24, 2025
Let's do it!
So what happens next?
— Skip Solis 🇺🇸 (@s_solis44) November 24, 2025
Where is the official statement from @AGPamBondi on this abomination of a dismissal ruling from yet another rogue activist judge?
APPEAL COMING!
— Paul A. Szypula 🇺🇸 (@Bubblebathgirl) November 24, 2025
Yes- and if they're truly prepared they should have an immediate response and refile! This biased and incompetent judge should be stopped cold by being overturned as quickly as possible.
— Dee Dub (@Paganpink) November 24, 2025
Hopefully, our lawyer on-call, Aaron Walker, will step in and do one of his legal deep dives, but our impression is that neither Comey nor James should be popping the champagne corks.
The term "without prejudice" is key here! It signifies that the charges can be refiled after correcting procedural defects, reinforcing the principle that judicial oversight and the rule of law remain paramount in the legal process. 💡⚖️🏛️
— Pankaj Kumar (@Pankajmittl7) November 24, 2025
Chad Mizelle is the former Chief of Staff at the Trump Justice Department:
Wrong for many reasons, incl. that dismissal of these indictments is the WRONG remedy.
— Chad Mizelle (@chad_mizelle) November 24, 2025
Both indictments were ratified by senior DOJ leadership, including the AG.
This may delay justice, but it won’t stop it. An appeal is coming. Comey and James are not off the hook. pic.twitter.com/pAd7v2sgZd
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