It’s all over but the final chapter. Trump’s case against Comey is dead.
Case Dismissed
The Wall Street Journal reports Comey and James Cases Dismissed After Judge Finds Prosecutor Wasn’t Properly Appointed
A federal judge on Monday dismissed criminal charges against both former FBI Director James Comey and New York Attorney General Letitia James, ruling that the prosecutor President Trump chose to bring the cases was unlawfully appointed.
The pair of decisions from Judge Cameron McGowan Currie deal a setback to the Justice Department, which brought charges against Comey and James within weeks of Trump publicly calling on Attorney General Pam Bondi to prosecute several of his prominent critics.
Comey and James both contested Lindsey Halligan’s appointment as the interim U.S. attorney in eastern Virginia, while also pointing to Trump’s public statements to argue that his prosecution was rooted in the president’s desire for retribution against a perceived adversary.
Currie, a Bill Clinton appointee who normally sits in South Carolina, agreed with arguments from Comey and James that the administration had unlawfully bypassed the customary confirmation process by installing Halligan.
Currie also rejected Bondi’s ratification of the two indictments—weeks after they were filed—in a bid to bolster them against challenges to Halligan’s appointment.
“The implications of a contrary conclusion are extraordinary,” the judge wrote. “It would mean the Government could send any private citizen off the street—attorney or not—into the grand jury room to secure an indictment so long as the Attorney General gives her approval after the fact. That cannot be the law.”
The Justice Department can appeal the decision. A department spokesperson didn’t immediately respond to a request for comment.
Comey had asked Currie to dismiss the case “with prejudice,” a move that would have foreclosed reviving the prosecutions. The judge instead dismissed both Comey’s and James’s cases without prejudice, leaving open a door for the Justice Department to potentially bring charges anew, legal experts said.
Any attempt to do so in Comey’s case could face complications, former prosecutors and other legal experts said, because the five-year statute of limitations has now passed on the statement to Congress at issue.
Trump had appointed Halligan, a former insurance lawyer and his personal attorney with no prior prosecutorial experience, after forcing out her predecessor, Erik Siebert, who had faced pressure to bring charges against the president’s perceived foes.
In the case against James, prosecutors alleged that the Democratic New York attorney general misrepresented her intentions for a home in Norfolk, Va., to secure more-favorable loan terms. She pleaded not guilty and called her case a weaponization of justice.
Comey Case Doomed for Multiple Reasons
- Halligan unlawfully appointed.
- Shocking incompetence of Trump’s Department of Justice.
- Statute of limitations expired.
It’s possible Trump can win point one on appeal. Trump is dead on points two and three.
Trump’s Incompetent Lawfare Against Comey Will Blow Sky High with Dismissal
For discussion of point two, please see Trump’s Incompetent Lawfare Against Comey Will Blow Sky High with Dismissal
Lawyers are amazed at the shocking incompetence of Trump’s Department of Justice.
What’s Next?
This case will be dismissed. I doubt Halligan lasts long in the administration. Any bets?
Trump does not like losers and she just lost Trump’s big case.
What Halligan did is so grievously absurd that she should be disbarred. We are talking never before in history things. But perhaps the Bar decision-makers will be too wimpy to take the wrath of Trump.
Hoot of the Day
The case was dismissed for reasons other than Halligan’s incompetence, namely Pam Bondi’s incompetence.
Also see Hoot of the Day: Trump-Appointed Judge Blocks Texas Gerrymandering
The multiple-irony setup is stunning.
It seems this whole thing has been based on anything but the merits of the situation. It didn’t matter about technicalities like following the law when Comey was running rough shod over democrat foes. More distrust in the legal system is fomenting. It will likely spill over to outright violence when the system is needed most. This ruling is very sad for America as the case with these serious implications should be heard.
Mish will say that is whataboutism. The case was dismissed because the Clinton judge (Armstrong just wrote the entire judiciary should be replace by AI because the judiciary has now become entirely politicized, I do not agree about the AI bit) says Halligan was improperly appointed hence has no authority to bring the case. Ie, procedural, not on the merits
What are we to do given the Democrats have already destroyed the Rule of Law? We are descending further toward dictatorship as I have been saying for years, made possible under Biden, potentially enhanced under Trump and likely to be fully implemented if the Evil Ones ever retake power. Europe and the UK are ahead of us on this path
Maybe learn about Arctic Frost project by Dems and there are several other democracy destroying operations undertaken by them
Here is a video with Mike Benz explaining some of it. Benz is in my opinion the most important voice on Planet Earth. Everyone should take a month off and watch every single one of the podcasts and videos he has ever done. I am surprised he is still alive given his voices implications for the Intel Blob which is the hard edge of the Globalist Oligarch masters employing it for their own agendas
https://www.youtube.com/watch?v=_exRwGDdwPM
18 U.S.C. § 3288 provides an avenue to re-indict Comey:
Whenever an indictment or information charging a felony is dismissed for any reason after the period prescribed by the applicable statute of limitations has expired, a new indictment may be returned in the appropriate jurisdiction within six calendar months of the date of the dismissal of the indictment or information, … which new indictment shall not be barred by any statute of limitations.
Not good for Comey & James.
The level of Trump & Co.’s incompetence is truly mind-blowing. He respects no laws…..the illegal President.
Now would be a great time for Trump to fade away from the spotlight.He is hurting His Own Causes, and a lot of Americans as well IMO. He has a great Team around Him, and several are very good Speakers. Also without an Ax to Grind, another thing hurting Trump IMO.
Use your Team Trump, the One You Picked, and STFU for a week or Five Please…
His team are morons, effing morons. Bond, Patel Hegseth? Or are you being ironical?
Unfortunately for the GOP & America, this is not likely to happen.
Interesting Siebert resigned on the Friday before the Thursday Comey case. He was not fired.
And let us not forget this was a Clinton appointed judge. What it comes down to is when did the 120-day clock start & start.
Too bad! The “shocking” (Mish’s term) incompetence and stupidity of Trump’s DOJ will not be on full display in court. In addition, Halligan and Bondi are lucky that they will now likely escape without being disbarred.
Now that our culture is becoming pagan, our rights are being destroyed and great evil (like the unbelievable body count of abortion) is being recast as “good”, even celebrated. Childhood innocence is being destroyed, frank deviance elevated, war championed. Libertarians are only 1/2 right (the state is evil) because morality really *does* matter and should be enforced at times. A libertarian country (drugs, prostitution, borderless, a market in children as Rothbard advocated) would be destroyed “overnight” by a black spiritual vortex.
This is a spiritual battle and in our “modern scientific culture” (which is fake reality) the “old gods have returned” with pagan practices. We were organized as a Christian nation with God in nearly every writing and pronouncement, also believing that our Republic could not survive without a moral and devout citizenry with core Christian principles.
So I’d be cautious in the future on interpretation of any legal case as the “issue is not the real issue”.
Here the case against Comey was legit, and this is perhaps suspect:
“…Albert Diaz – Chief Judge of the 4th Circuit appointed by Obama – used his power to reach into this case in Virginia, and assigned a South Carolina district judge appointed by Clinton to hear Comey’s motion to disqualify Lindsey Halligan.”
details:
— https://x.com/FischerKing64/status/1993020878981108046
In addition, Halligan inherited the mess and did a decent if not spectacular job, contrary to the media reporting.
“This whole situation is beyond ridiculous. Because the original Eastern District of Virginia appointee, Erik Siebert, effectively sabotaged the entire process, with at least tacit backing from DOJ headquarters, Lindsey Halligan was dragged in at the absolute last second to get Comey indicted before the statute of limitations ran out. She walked into an impossible mess and still pulled it off…”
— https://x.com/HansMahncke/status/1991630910446616917
The question is whether Comey, with courts staffed with partisan leftists, can be held to account in court. At least there is a public record of some of the evidence. What was done was to destroy our Republic (all of it: Jack Smith, Crossfire Hurricane, Artic Frost, hundreds other actions) must be prosecuted.
Note the lies by the media that the Grand Jury didn’t see the indictments which is also a tell.
I frankly don’t understand this desire to take the side of CNN in anything after 1,000 lies from CNN over the last 6 years. Trump isn’t in on every decision, so it’s silly to start acting like every move is from the hand of Trump. But I wish he’d indicted Comey (and a dozen others) immediately.
However, the idea that Trump is some buffoon while everyone else is smart … well, that is also silly. If he betrays America First, it will very bad for all of us.
As far as the TX case (“gerrymandering”), perhaps read the dissent (intentionally prevented from being included by the deciding judge) first before commenting … The TX case for redistricting is not weak.
https://legalinsurrection.com/wp-content/uploads/2025/11/Texas-Redistricting-Case-Dissent-Jerry-E.-Smith.pdf
The TX case is now at SCOTUS with immediate effect of halting the nonsense by the deciding TX judge, pending review of actual legality (rather than partisan fakery).
As far as California, the ballot included bias on the ballot itself: “AUTHORIZES TEMPORARY CHANGES TO CONGRESSIONAL DISTRICT MAPS IN RESPONSE TO TEXAS’ PARTISAN REDISTRICTING. LEGISLATIVE CONSTITUTIONAL AMENDMENT.” — https://voterguide.sos.ca.gov/proposition/50/index.htm
But there is no way to objectively determine the minds of Democrats, who may have decided this independent of TX. The title should have read something like “Shall proposition 50, suspending the non-partisan redistricting commission, be adopted”). The rest of pro / con should be in arguments.
The lawsuit for prop 50 (several apparently) are being pursued on the basis of corresponding overt efforts of racial gerrymander by the Democrats while TX is clearly “partisan” (if partisan, it is beyond decision by the courts, by precedent).
Correct. Again, what it comes down to is when did the 120-day clock start & stop. Was it in May or September, when Siebert resigned?
As I noted above, the US code provides for a means for Comey to be re-indicted within a 6-month period.
He can re file; it was dismissed on a technicality about validity of counsel…
I thought the statue if limitations has expired on Comey’s case.
“Whenever an indictment or information charging a felony is dismissed for any reason after the period prescribed by the applicable statute of limitations has expired, a new indictment may be returned in the appropriate jurisdiction within six calendar months of the date of the dismissal of the indictment or information, or, in the event of an appeal, within 60 days of the date the dismissal of the indictment or information becomes final, or, if no regular grand jury is in session in the appropriate jurisdiction when the indictment or information is dismissed, within six calendar months of the date when the next regular grand jury is convened, which new indictment shall not be barred by any statute of limitations. This section does not permit the filing of a new indictment or information where the reason for the dismissal was the failure to file the indictment or information within the period prescribed by the applicable statute of limitations, or some other reason that would bar a new prosecution.”
Thank you dost8.
Yes, I have a degree in Contract Law but took a couple of classes on Appeals – – because Contract Law cases are often dismissed. Your statements are correct….
This is fine, because it’s not like the USA has serious concerns to be focused on, or anything. Best economy in the history of the universe, all wars solved in days, inflation beat, employment vaulting upwards, stable markets ….
Thanks to Democrats, we have this massive government that has lots of bandwidth for all things crazy. Please enjoy!
Thanks to republicans, this massive government the democrats created is being run into the ground by the orange toddler.
Your statement includes the word “Massive” which shouts for things being changed. IT NEEDS to be down-sized and Trump is getting distracted. Elon was pushed out and yet the problems persist with TOO much Government, Spending and confusion abounds.
Interesting day in the markets: VIX down big and gold up…
Hmmmmmmmm!
Rumblings of gold traders standing for delivery at the COMEX.
>>>
Professional wrestling for people with higher IQ.
It’s difficult to distinguish political theatre from genuine contests. Especially in the absence of convictions and beheadings.
Me thinks many of the participants confuse the two. Certainly the audience does.
… though, I gotta admit Trump does play the low-brow role *so well* I start second-guessing my belief he’s acting most of the time.
He’s the real thing, stupid to the core.
What else should we expect from a president that bankrupts a casino and has to rape a prostitute and pay her off to shut up about his tiny dick.
See Bondi’s brown nose in the last South Park, hilarious!
Trump is pathetic in his transparent and vindictive stupidity.
XI and Putin are eating his lunch.
What will Trump do:
1) Graciously admit defeat… or
2) Appeal, lose, and insult all judges involved as activists who need to be removed from the bench before the radical leftists do something worse!!!
Look at that… we all agree!
Does a fat pig fart?
…I think we’ll all agree to stipulate this rather than fact-check.
I’ll allow it.
“will trump be silly” is rhetotical
as is “will Trump be criminally silly?”
Comey is an absolute POS. The persecution should continue to where a plea deal is made and he will sing for his life.
Hope in one hand and s##t in the other and see which hand fills up first
You commit 3 felonies a day. That expression could be used to get Comey on any charge.
As for why only certain persons can bring a case to a grand jury is something questionable. The judge erred in referring to any private citizen as the person involved is a lawyer and undoubtedly had the assistance of other more experienced lawyers at the DOJ.
So the judge has let Comey off on a technicality and knows the statute of limitations has run out
Prosecutorial discretion is rightfully a hot button concern now, and over the recent years. I think there must be something better than just tit for tat vengeance, which has a life and dynamic of its own, tilting the whole system toward instability.
The persecution of Comey must end, now that his PROSECUTION has ended. Stay in school, kids!!
That’s it! Stand up for daddy pig!
This is not surprising at all. I hope Trump does appeal up to SCOTUS. That will force Roberts and Barrett to declare their allegiance to either the king or the law.
Spoiler: they gave him immunity
True!
Crooks hand it out like Oprah these days: “You get immunity! And you get immunity!”
Just more Noise
The problem with hiring sycophants is that invariably many of them are also shall we say, not at the top of their field?
D grade president hires F grade toadies
This as anyone who is paying attention knows, is all a part of his plan
Google, Hegseth pull-ups for a solid chortle.
I think its been said before here ‘elect a clown and get a circus’
Care to comment on Newsom?
We might find out in 2028. But one thing I guarantee – if Newsom acts like an idiot, Mish will be commenting…
Trump put an incompetent on the job of prosecuting Comey. It would probably be wise to let it go at his point, but I would like Trump to keep trying because Comey is an asshole. One thing this shows (same with the fedsurrection) is that a 5 year statute of limitations is too short. It should be doubled.
And we really need to prosecute people because they are “assholes”. No need to consider any criminal activity, a vague dislike by Sentient should be grounds enough.
That was the reason Trump was prosecuted.
Seems like China’s regime beheads crooks, while our regime elects them.
Human greed being what it is, perhaps our regime is more stable.
What I find amusing is the democraps’ acceptance of precedent in the FBI deciding what/who should be prosecuted.
The FBI does not make the final decision to prosecute cases. It presents evidence to the U.S. Attorney or Department of Justice, who decides to pursue prosecution.
However, Comey has provided an awesome precedent.
Precedent is prior case law, which is binding on a current court/case. Prosecutorial discretion, a mess of its own, is a whole different weird thing. It is not binding, and hence, now it is spiraling into ever-more wilful vengeance. It is not even like court discretion, which has some identifiable limits.
The incompetence starts at the top…
and it isn’t just trickling down…
the floodgates have been opened wide for dramatic effect.
Trump hadn’t figured out how to truly weaponize the top-down federal system in the first term. I was kind of surprised that he missed so many power grabs that were obvious to me, or fumbled them. He still hasn’t figured it out, but he has some wicked enablers who have. Yet the unforced errors are amazing. It is because his loyalists are overwhelmingly hacks with defective thinking skills. They got where they are by not comprehending the good qualities of the system (such as they are, screwy as the system is), at all. And that goes for their fans too, so obviously right here.
There is no telling what the deranged despot will do as he is just getting started.
Biologically, I would differ. He has incredible stamina, but the mothership’s shielding is starting to flake off. And there is the opposite of any coherent succession: there is an incredibly ludicrous tragic comedy waiting in the wings.
In one version of “lawfare,” the democrats secured GUILTY verdict by the book on criminals like Trump. in the other version of “lawfare”, it’s a circus that’s really lawfare with cases getting thrown out left and right. Don’t forget “sandwich” gate that a jury laughed and found not guilty. And don’t forget Texas redistricting getting tossed out while California’s will likely stick.
Clowns do lawfare, non-clowns follow the law and get guilty verdicts.
Analogy: Just days ago ‘Common Dreams’ a left-wing publication, was celebrating that Brazil has done what the U.S. so far has failed to do = send their former president Jair Bolsonaro to prison. , , , The Wall Street Journal Americas columnist pointed out a few weeks ago just how empty the prosecution of Bolsonaro had been. It could be better described as politicized lawfare against a political enemy of the current president, Socialist Luis Ignacio “Lula” da Silva.
So what do we conclude about what the “what the rule of law” and prosecution of the law should be?
I don’t know anything about the Brazil judicial system but in the US there is a full blown process that needs to be followed by competent legal professionals for the system to work. Is it perfect? no, but the proof is in the pudding. Trump appoints incompetent clowns and these are the results.
If you were fair, you’d admit the same is true independent of party. And it is not so much incompetence, as political affiliation. It affects judges, prosecutors, and juries.
Legal outcomes have become primarily a matter of party affiliation. There is NO justice.
Nonsense, It was Trump appointed judges that are tossing all of these cases out.
Thankfully, being nominated by Trump is not conclusive evidence of a total void of ethics.
So, the jury makes no difference–they are never biased? GROW UP!
“ Grow up”? What are you 14?
Where was it said juries are never biased? I missed that part. I’m a real critic of juries — and I practiced in front of them for years. I generally preferred bench (judge) trials. It’s all imperfect. Troublingly so. But what are the alternatives? Hand it over to a bot?
The only remedy I can think of, is the public monitoring and holding accountable whoever they can in the process, along the way, through the means available, which can hopefully be fine-tuned over time. Sadly, that’s asking too much.
Is that a rhetorical question?