Facts Matter – November 29, 2025

Episode: Judge Dismisses James Comey, Letitia James Indictments
Host: Roman (The Epoch Times)
Theme: Exploring the technical legal grounds on which federal indictments against Letitia James and James Comey were dismissed, and analyzing the broader implications for the U.S. justice system.

Episode Overview

This episode of Facts Matter delves into a federal judge’s recent decision to dismiss high-profile indictments against New York Attorney General Letitia James and former FBI Director James Comey. Host Roman breaks down how these dismissals were due to a key procedural technicality in the appointment of the prosecuting U.S. Attorney—not the merits of the underlying cases. The episode unpacks the irony of these events, particularly given past legal battles between Letitia James and former President Donald Trump, and discusses what might lie ahead in these ongoing legal dramas.

Key Discussion Points & Insights

1. Background: Indictment Against Letitia James

• [00:00] Letitia James was indicted for two felonies in connection with her 2020 mortgage application:
  • Bank fraud (misleading a lender about intent to use the property as a residence)
  • Making false statements to a financial institution
• She secured a better mortgage rate by signing a “second home rider,” promising not to rent out the property, but subsequently rented it out, saving nearly $19,000.
• Charges parallel the accusations James brought against Donald Trump in her 2022 lawsuit over inflating asset values for better loan terms.
  • “You can’t almost not mention the irony here. These are pretty similar to the exact same charges that she brought forth against President Trump back in 2022.” (A, [01:32])

2. Letitia James Responds to the Charges

• Letitia James pleaded not guilty and argued the indictment was politically motivated and retaliatory due to her past actions against Trump.
  • Quote: “But this is not about me. This is about all of us and about a justice system which has been weaponized, a justice system which has been used as a tool of revenge.” (James, [02:40])

3. Dismissal Due to Improper Appointment of Prosecutor

• [02:56] Judge Cameron McGowan Curry dismissed the cases citing the invalid appointment of the interim U.S. Attorney, Lindsey Halligan, by Attorney General Pam Bondi.
  • Citing U.S. code 546, which limits the Attorney General’s authority to appoint a temporary U.S. attorney for only 120 days; after that, only the district court can appoint someone until the vacancy is permanently filled.
  • Pam Bondi’s attempt to restart the 120-day clock by appointing a new interim after the original period had expired was found illegal.
  • “If the Attorney General could make back to back sequential appointments of interim U.S. attorneys, the 120 day period would be rendered meaningless and the Attorney General could indefinitely evade the alternate procedures that Congress mandated.” (A, quoting court filings, [05:50])
  • All actions taken by Halligan, including the indictments, were invalidated due to improper authority.

4. Implications and Next Steps

• The case was dismissed “without prejudice”—meaning indictments can be refiled once a properly appointed U.S. Attorney is in place.
• The Department of Justice indicated it intends to appeal the ruling and/or refile charges.
• Letitia James publicly celebrated the dismissal:
  • “I am heartened by today’s victory and grateful for the prayers and support I 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.” (Letitia James, [10:49])
• “She is not out of the woods yet. That's because this case, it was dismissed on a technicality, and, and it was dismissed very specifically without prejudice.” (A, [11:35])

Notable Quotes & Memorable Moments

• On the irony of the charges:

  • “These are pretty similar to the exact same charges that she brought forth against President Trump back in 2022.” (A, [01:32])

• Letitia James’ emotional response:

  • “But this is not about me. This is about all of us and about a justice system which has been weaponized, a justice system which has been used as a tool of revenge.” (B/James, [02:40])

• Legal reasoning for dismissal:

  • “If the Attorney General could make back to back sequential appointments of interim U.S. attorneys, the 120 day period would be rendered meaningless and the Attorney General could indefinitely evade the alternate procedures that Congress mandated.” (A, [05:50])

• Practical outlook:

  • “She is not out of the woods yet. …it was dismissed very specifically without prejudice.” (A, [11:35])

Important Timestamps

• [00:00] – Overview and history of Letitia James’ mortgage fraud case
• [01:32] – Parallel to Donald Trump’s legal troubles
• [02:40] – Letitia James’ rebuttal: charges as political revenge
• [02:56] – Details on federal prosecutor appointment technicality
• [05:50] – Quoting legal rationale for dismissal
• [10:49] – Letitia James’ celebratory statement after the ruling
• [11:35] – Host explains “without prejudice” dismissal; upcoming DOJ response

Conclusion

This episode illustrates how even high-profile legal battles can hinge on obscure technicalities in federal law. It highlights the procedural missteps that led to the dismissal of major indictments and exposes the ongoing political and legal maneuvering surrounding these cases. The narrative is rich in legal detail, underscores notable ironies, and leaves listeners with a clear understanding of what happened—and what is likely to come next.

Host's Sign-off:
“Stay informed. Most importantly, stay free.”