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Awaiting decisionUnited States v. James (Fourth Circuit appeal)
Will the Fourth Circuit revive the criminal case against Letitia James?
Where the case stands
Senior U.S. District Judge Cameron McGowan Currie dismissed the indictment in fall 2025, holding that interim U.S. Attorney Lindsey Halligan lacked lawful authority to lead the E.D. Va. U.S. Attorney's office. DOJ appealed; the Fourth Circuit hears argument Sept. 15, 2026 in Richmond alongside the Comey appeal.
Background
Letitia James, the sitting New York Attorney General, was indicted on bank-fraud and false-statement charges tied to a mortgage on a Norfolk, Virginia home. She pleaded not guilty; the indictment was dismissed before trial.
Charges
- Bank fraud
- False statements to a financial institution in connection with a mortgage
The arguments
Prosecution/State: The government argues Halligan's interim appointment was lawful and the indictment should be reinstated.
Defense: James argues Halligan's appointment violated the federal appointment statute and the Constitution, so the indictment was void from the start.
The record
- District court dismissal. Judge Currie's ruling that Halligan lacked lawful authority, the sole issue on appeal.
- Public docket. Full E.D. Va. criminal docket with the dismissal briefing available via CourtListener/RECAP.
The line-setting read at the time this market opened
The district court found the appointment plainly defective, and the same ruling took down the Comey indictment; but the panel composition (announced the morning of argument) drives the outcome, and reversal would revive one of the administration's highest-profile prosecutions.
Awaiting decision — Oral argument Sept. 15, 2026, then the panel's decision on whether Halligan's appointment was valid — reviving the prosecution or leaving it dismissed. The ruling is posted here, and on the board, the moment it's confirmed by two or more independent news organizations.
Sources
Public record
- CourtListener/RECAP docket — United States v. James, 2:25-cr-00122 (E.D. Va.)
- Fourth Circuit oral-argument audio page (argument set for Sept. 15, 2026)
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