Appeals Court Questions DOJ Authority to Revive Comey and James Cases Over Prosecutor Appointment Legality

A three-judge panel at the 4th U.S. Circuit Court of Appeals in Richmond heard oral arguments Tuesday on the DOJ's bid to revive dismissed indictments against former FBI Director James Comey and New York Attorney General Letitia James 123. Chief Judge Albert Diaz and Judge Henry Floyd both questioned whether then-Attorney General Pam Bondi lawfully appointed Lindsey Halligan as interim U.S. Attorney for the Eastern District of Virginia in September 2025, with Diaz warning the government's reading would permit "limitless" temporary appointments without Senate confirmation 123. DOJ attorney Henry Whitaker acknowledged the statute could allow repeated appointments but argued the department would not rely on an "endless stream" of temporary prosecutors 123. Judge Julius Richardson, the panel's third member, appeared more skeptical of the Comey and James position 2. The case follows U.S. District Judge Cameron McGowan Currie's November 2025 dismissal of both indictments on grounds that Halligan's appointment was invalid, and the administration separately petitioned the Supreme Court last week to review a 9th Circuit ruling disqualifying Sigal Chattah from a similar prosecutorial role in Nevada 4.