A federal judge dismissed the federal indictment against New York Attorney General Letitia James on Monday, concluding that Lindsey Halligan, the U.S. Attorney who brought the case to court, was unlawfully appointed by President Donald Trump to her position.

Senior U.S. District Court Judge Cameron McGowan Currie also dismissed the two federal charges against James Comey, the former head of the Federal Bureau of Investigation whom Trump notably fired in 2017. The indictments were dismissed without prejudice and the Trump administration is expected to appeal both rulings.

“I am heartened by today’s victory and grateful for the prayers and support I have received from around the country,” James said in response to Monday’s ruling.

On Oct. 9, a federal grand jury indicted James for bank fraud and falsifying statements in a case surrounding a house she purchased in Norfolk, Virginia for about $137,000 in August 2020. The indictment alleged that James falsely claimed she would use the three-bedroom property as a secondary residence to obtain a better mortgage rate. The New York Times reported that her grandniece, Nakia Thompson, has lived in the home with her family for the past five years and testified that she did not pay rent while living there.

James filed to dismiss the indictment, claiming that Halligan’s appointment was unconstitutional and violated a federal law outlining how U.S. attorneys can be temporarily appointed.

In September, interim U.S. Attorney Erik Siebert, who was appointed on Jan. 21, reportedly told Department of Justice officials that he believed there was insufficient evidence to indict James. Siebert resigned on Sept. 19, with Trump two days later claiming in a now-deleted post that he “fired him.”

Attorney General Pam Bondi quickly approved Halligan, previously a White House aide, as the interim replacement for the vacancy in Eastern Virginia.

Federal law allows the attorney general to temporarily appoint someone as U.S. attorney to fill a vacancy. That person is allowed to serve for 120 days or until the Senate confirms a permanent nominee, whichever comes first. The district court rejected the Trump administration’s argument that the attorney general is free to make “multiple interim appointments during a vacancy.”

Siebert’s 120-day term was set to expire on May 21, but a group of federal judges lawfully extended his appointment.

James argued the law only allows district court judges to temporarily appoint a U.S. attorney after 120 days have expired, which Currie agreed with. Since August, federal judges have determined that three other interim U.S. attorneys unlawfully served past the statutory period.

“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,” Currie wrote on Monday.

In an Instagram video, Comey called his indictment a “prosecution based on malevolence and incompetence” and thanked some of the DOJ career lawyers “who refused to be part of this travesty.”

White House Press Secretary Karoline Leavitt told reporters yesterday that Halligan was “legally appointed” and accused Currie of “trying to shield Letitia James and James Comey from receiving accountability.”

Several Democratic lawmakers released statements praising the court order. On X, Gov Kathy Hochul said that “the Trump Administration never had a case to begin with,” adding that the ruling was “justice served.” New York City Mayor-Elect Zohran Mamdani called the news “a victory for our democracy, for the rule of law, and for one of New York’s fiercest fighters.”

“I remain fearless in the face of these baseless charges as I continue fighting for New Yorkers every single day,” James continued.