A federal judge has dismissed the criminal cases against former FBI Director James Comey and New York Attorney General Letitia James, on the grounds that the appointment of the U.S. attorney who brought the indictments was invalid.

The judge dismissed the charges without prejudice, meaning the Justice Department can attempt to indict them again.

Comey pleaded not guilty in October to one count of false statements and one count of obstruction of a congressional proceeding related to his testimony before the Senate Judiciary Committee in 2020, amid what critics call Trump’s campaign of retribution against his perceived political foes. Vice President JD Vance has said any such prosecutions are “driven by law and not by politics.” 

James, who successfully brought a civil fraud case against Trump last year and leads multiple lawsuits challenging his administration’s policies, pleaded not guilty in October to charges that she committed mortgage fraud related to a home she purchased in 2020.

Lindsey Halligan, Trump’s handpicked U.S. attorney for the Eastern District of Virginia, sought the indictment of Comey and James over the objections of career prosecutors after Trump forced out previous U.S. attorney Erik Siebert who sources said had resisted bringing the cases.

Halligan, who had no experience as a prosecutor, sought the indictment after Trump, in a social media post, called on Attorney General Pam Bondi to act “NOW!!!” to prosecute Comey, James and Rep. Adam Schiff.

This is a developing story. Please check back for updates.