Image source, Reuters

A US judge has dismissed criminal charges against former FBI Director James Comey and New York Attorney General Letitia James, ruling that the prosecutor who brought the charges was unlawfully appointed.

Judge Cameron Currie said that Lindsey Halligan, who was handpicked by Trump to bring the charges against two of his political adversaries, was never eligible to assume the post.

Both Comey and James have maintained their innocence and described the prosecutions as political in nature.

In response to the ruling, the White House told the BBC: "The facts of the indictments against Comey and James have not changed and this will not be the final word on this matter."

The Justice Department plans to appeal the dismissal of the cases.

We're finishing our live coverage now, but you can stay updated on the latest developments on James and Comey in our news story.

If you're just joining us, here's a recap of what some of the key people involved have said so far:

• James Comey shared a video on Instagram where he calls the case a "prosecution based on malevolence and incompetence, and a reflection of what the Department of Justice has become under Donald Trump, which is heartbreaking".
• Letitia James said she was"heartened by today’s victory and grateful for the prayers and support I have received from around the country. I remain fearless in the face of these baseless charges as I continue fighting for New Yorkers every single day".

• The White House sent a statement to the BBC, saying "The facts of the indictments against Comey and James have not changed and this will not be the final word on this matter."
• White House Press Secretary Karoline Leavitt said the department of justice would appeal the decision "very soon" and that "maybe Comey should pump the breaks on his victory lap".

James Comey cannot be indicted again on these charges, his lawyer and longtime friend Patrick Fitzgerald said in a statement to the BBC.

Fitzgerald said he agreed with Judge Currie's decision.

"The decision further indicates that because the indictment is void, the statute of limitations has run and there can be no further indictment."

Fitzgerald said that his client "refused to bow to fear".

"The day when Mr. Comey was indicted was a sad day for our government. Honest prosecutors were fired to clear the path for an unlawful prosecution. But today an independent judiciary vindicated our system of laws not just for Mr. Comey but for all American citizens."

The Department of Justice will appeal the dismissal of James Comey and Letitia James' cases "very soon", White House Press Secretary Karoline Leavitt says.

Speaking just now outside the White House, Leavitt says it's the administration's position that Lindsey Halligan was legally appointed. As a reminder, the judge ruled that Halligan's appointment was invalid.

Leavitt claims the judge was "trying to shield" James and Comey.

There's not been much reaction yet from key Republican lawmakers on this story, other than the White House statement.

But several Democratic lawmakers have been reacting on social media.

Senate Minority Leader Chuck Schumer wrote on X that Trump's "November of losing continues". "Is this what he meant by ‘getting tired of winning’?"

Texas Representative Jasmine Crockett wrote on X that "it's always a relief when a branch of government does their job! This is a win for Comey & AG James, but ALSO the American people!"

Minnesota Senator Amy Klobuchar claimed the situation was "political prosecution at the President’s direction".

California Rep. Ted Lieu said "The maliciousness of the Trump Administration is thankfully tempered by their incompetence."

And California Rep. Jimmy Gomez wrote on X, "When you mix a second-rate legal team with defendants who actually did nothing wrong… the case collapses on its own".

We've just had some quick reactions from both Comey and the White House. Let's now circle back to US District Judge Cameron Currie's 26-page ruling, to unpack the reason for this consequential decision.

Currie says Lindsey Halligan's appointment to the role of interim US attorney for the Eastern District of Virginia violated a federal law known as Section 546, which relates to US attorney vacancies, and the Constitution's Appointments Clause.

The judge says Halligan's swift appointment had not followed the protocols required by law.

"The implications of a contrary conclusion are extraordinary. 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 White House has just sent a statement to the BBC.

Former FBI Director James Comey has just shared a video on his Instagram.

"I am grateful that the court ended the case against me, which was a prosecution based on malevolence and incompetence," he says.

He says the prosecution was "a reflection of what the Department of Justice has become under Donald Trump, which is heartbreaking".

Comey maintains his innocence and says he is "not afraid".

"A message has to be sent that the president cannot use the Department of Justice to target his political enemies," he says.

"I know that Donald Trump will probably come after me again."

Kayla Epstein
US reporter

The judge dismissed the cases “without prejudice”, which means prosecutors would be allowed to re-charge.

But Comey's attorneys indicated they would argue it was too late to do so, because the statute of limitations had passed.

The statute of limitations - the deadline by which prosecutors had to bring charges against Comey - expired on 30 September.

Image source, Getty Images

The judge's ruling today centres on the appointment of Lindsey Halligan to the role of interim US attorney for the Eastern District of Virginia.

Judge Cameron Currie says Halligan was not legally appointed.

Halligan was one of President Trump's former defence lawyers, and took on the position at Trump's direction.

The person who used to have that role was Erik Siebert. He resigned under pressure from President Trump after his investigation into James failed to bring criminal charges. Trump had told reporters: "I want him out".

Soon after taking office, Halligan brought the Comey case to a grand jury, which agreed there was enough evidence to prosecute.

Trump quickly threw his support behind Halligan, saying he was confident she can "get things moving".

Comey's defence team had taken issue with the legality of Halligan's quick appointment to the role of interim US attorney, a process through which she circumvented congressional approval.

Prior to her current role, Halligan had been part of a White House effort to remove "improver ideology" from the Smithsonian Institution and its museums. She has no previous prosecution experience.

Let's take a look at what US District Judge Cameron Currie said in the ruling.

The judge dismissed the indictments against both James Comey and Letitia James, saying prosecutor Lindsey Halligan, who brought the cases, was not legally appointed.

"I agree with Mr. Comey that the Attorney General’s attempt to install Ms. Halligan as Interim U.S. Attorney for the Eastern District of Virginia was invalid," Currie wrote.

Former Trump attorney Lindsey Halligan, who was appointed to the role at Trump's direction and who had never prosecuted a case before, was not authorised to present the case to the grand jury, Currie wrote in the ruling.

"All actions flowing from Ms. Halligan’s defective appointment, including securing and signing Mr. Comey’s indictment, were unlawful exercises of executive power and are hereby set aside," Currie ruled.

Nada Tawfik
New York correspondent

Image source, Reuters

It was exactly one month ago that New York’s Attorney General Letitia James pleaded not guilty to alleged mortgage fraud.

She indicated she would file several motions to dismiss the case, including for selective and vindictive prosecution by a US attorney handpicked by Donald Trump.

She led a crowd in chants of "no fear" outside the federal court in Norfolk, Virginia and warned that the justice system was being weaponised.

She always appeared confident that the law was on her side. But this turned out perhaps even better than hoped. Rather than this case dragging out, the judge has dismissed it pretty swiftly.

The Attorney General, a longtime foe of President Trump who has successfully sued him and his corporation several times, has come out of this relatively unscathed.

For the president, though, this is embarrassing moment for him.

Image source, Reuters

The judge's ruling impacts two entirely separate matters. James Comey and Letitia James faced separate criminal cases brought by Lindsey Halligan of the Department of Justice. Halligan's appointment to that role is what the judge has ruled against today.

Comey, the former FBI director, was indicted on charges of making false statements to Congress and obstruction of justice.

Both charges relate to Comey's appearance before the Senate Judiciary Committee in September 2020, where he was questioned about the FBI's handling of two investigations - one on pro-Trump election interference by Russia and another on Hillary Clinton's use of a private email server.

James, the attorney general of New York, was charged with bank fraud and making false statements to a financial institution.

The federal government alleged James bought a three-bedroom home in Norfolk using a mortgage loan that required her to use the property as her secondary residence, but she instead rented it out.

The charges argued "misrepresentation" allowed James to obtain favourable loan terms that would not have been available for an investment property, prosecutors claimed.

Both James and Comey have maintained their innocence throughout.

Kayla Epstein
US reporter

Both the Comey and James indictments - and especially Comey's - had been plagued with procedural questions from the start.

The Justice Department's actions created multiple openings for the defendants' legal teams to convince a judge to throw out the cases.

Former federal prosecutors have told me in recent weeks that at least one of those avenues would likely work.

"There are thousand things here that are fatal to this case," Sarah Krissoff, a former federal prosecutor in Manhattan, told me of the Comey indictment specifically.

Today's ruling stemmed from a claim by Comey and James' attorneys, that Lindsey Halligan wasn't properly appointed to her position when she brought the indictments.

Comey's lawyers had also made claims of vindictive prosecution, citing statements made by Trump and irregularities with the way the case was brought.

Nomia Iqbal
North America correspondent

The indictments against James Comey and Letitia James came as the statute of limitations was set to expire.

Both pleaded not guilty to their respective charges last month - Comey was accused of lying to Congress during a 2020 hearing and James was charged with alleged mortgage fraud.

But now both cases have been tossed out due to the way in which their indictments came about.

This ruling by the judge was based on the way in which President Trump picked Lindsey Halligan to take over a key prosecutor’s office, after the previous occupant said there was not enough evidence for any indictments.

She then proceeded on her own to charge two people the president has long disliked.

The judge today dismissed the indictments without prejudice, meaning the Justice Department could try to bring the charges again with another prosecutor - but it isn’t clear how that would happen.

We've just seen a statement from Abbe David Lowell, the lawyer for New York Attorney General Letitia James.

Hey says the court's order "acknowledges what’s been clear about this case from the beginning. The President went to extreme measures to substitute one of his allies to bring these baseless charges after career prosecutors refused".

Image source, Gett

Comey was the FBI Director for nearly four years, from 2013 to 2017. He was fired about four months into Donald Trump’s first term as US president.

Comey played a dramatic and controversial role in the closing stages of the 2016 election when he announced, a week before the vote, that the FBI had reopened an investigation into Hillary Clinton's private email server.

He was criticised first by Democrats for the timing, then by Republicans when he said a week later that no charges would be brought.

As FBI director, he led an investigation into alleged ties between the Trump campaign and Russia.

The Trump administration first claimed Comey's handling of the Clinton email investigation rendered him no longer able to lead the bureau.

Trump contradicted this, calling him a "showboat" in a TV interview and saying he was thinking of the "Russia thing" when he made the decision to sack him.

Since then, Comey has been highly critical of the Trump administration.

Image source, Reuters

We can bring you latest comments from Letitia James whose case was also dismissed by the judge.

Former FBI Director James Comey was arraigned in federal court in Alexandria, Virginia, on 8 October.

Under direct pressure from US President Donald Trump, the Department of Justice charged Comey in September with one count of making false statements and another of obstruction of justice.

Both charges relate to statements Comey made to the Senate Judiciary Committee in 2020 when he was questioned about his handling of the DOJ’s probe into Hillary Clinton’s emails and about an investigation into pro-Trump election interference by Russia.

At the arraignment - the defendant’s first court appearance in the case - the charges were formally presented to Comey, who entered a not guilty plea. Comey has maintained his innocence and said in a video statement following the indictment “let’s go to trial”.

In the lead-up to the indictment, Trump repeatedly called on Bondi to prosecute his political and administerial adversaries, including Comey, in what critics have called a blatant weaponisation of the Justice Department.

A judge has dismissed charges against former FBI Director James Comey and New York Attorney General Letitia James.

The judge ruled that the appointment of the Justice Department's lawyer, Lindsey Halligan, as interim US Attorney was unlawful and violated the Appointments Clause in the US Constitution.

Comey was charged with making false statements and obstruction of justice in September, after President Donald Trump called for his prosecution and appointed a new federal prosecutor to pursue the case. He pleaded not guilty.

James was facing federal charges of bank fraud and making false statements to a financial institution. She also pleaded not guilty.

Stick with us for the latest on this developing story.