A federal appeals court will hear arguments on September 15 in Richmond, Virginia, regarding the Trump administration's attempt to revive criminal cases against former FBI Director James Comey and New York Attorney General Letitia James. The cases were dismissed last fall by a judge who ruled that the prosecutor, Lindsey Halligan, had been unlawfully appointed due to delays in her nomination process.
The 4th U.S. Circuit Court of Appeals has not yet announced the judges who will hear the appeal, which will focus on whether Halligan had the authority to bring the cases. The dismissal left open the possibility for the Justice Department to seek new charges through a properly appointed prosecutor.
Comey was indicted in September 2025 for allegedly making false statements and obstructing Congress during his 2020 Senate testimony. James was indicted a month later on charges related to bank fraud and false statements concerning a mortgage. Both individuals pleaded not guilty before their cases were dismissed.
The 4th Circuit's decision could impact whether the administration can proceed with prosecutions against Comey and James or if it must start anew with a legally appointed prosecutor. Additionally, Comey faces another indictment in North Carolina related to a social media post.
U.S. District Judge Louise Flanagan has scheduled a trial for Comey in North Carolina for October 21, pending motions to dismiss. The Eastern District of Virginia is also experiencing a leadership change, with Theo Stamos appointed as the first assistant U.S. attorney, making her the acting U.S. attorney under the Federal Vacancies Reform Act.