A Surprising Legal Twist
By midmorning in Grand Forks, UND law students were trading messages about a viral claim: a federal judge had tossed cases against former FBI Director James Comey and “James” because the prosecutor was unlawfully appointed. As of publication, no federal court docket or Justice Department release reflects such a ruling, according to searches of PACER and the DOJ’s newsroom conducted Monday.
The absence of a docket number, court order, or venue details makes the claim impossible to independently verify. Without a filed order, defense and prosecution remedies—such as a motion to reconsider or an appeal—cannot be assessed. We will update if a signed order appears on the docket or is posted by the court’s clerk.
Broader questions about who may lawfully serve as a federal prosecutor are real and recurring. Courts have scrutinized appointments under the Appointments Clause and DOJ special counsel regulations in recent years, according to analyses by SCOTUSblog and filings in high-profile cases.
Background of the Cases
No federal criminal case against James Comey is listed in national dockets, according to a search of CourtListener and PACER. In 2019, the Justice Department’s inspector general faulted Comey for policy violations in handling memos but the department declined prosecution, as reported by NPR and documented in the OIG’s report.
The reference to “James” is also unclear. New York Attorney General Letitia James has led civil litigation against former President Donald Trump, but she is not a federal criminal defendant; the case she led in New York state court was civil, as reported by The Associated Press. Without a full name, jurisdiction, or case number, it is not possible to identify a corresponding federal case.
Public and media attention around Comey and various officials named James has been intense for years. That scrutiny has often produced rumors that later proved inaccurate; verification through court records remains essential for separating formal legal actions from speculation.
Implications of the Ruling
If a federal judge were to find that a prosecutor was unlawfully appointed, remedies can include dismissing the indictment—sometimes without prejudice so the case could be refiled by a properly appointed official—according to Supreme Court guidance in appointments cases such as Lucia v. SEC and United States v. Arthrex. Courts weigh factors like the source of the appointment, statutory authorization, and whether a defect can be cured on remand.
The Justice Department typically grounds special appointments in statutes such as 28 U.S.C. §§ 509, 510, and 515 and in the Special Counsel regulations at 28 C.F.R. Part 600. In parallel high-profile matters, defendants have argued those authorities are insufficient, while DOJ has defended them, as reported by Reuters. Outcomes depend on the precise role the appointee exercised and whether supervision and removal constraints satisfy constitutional requirements.
For the individuals named, a genuine dismissal based on appointment defects would not necessarily resolve underlying allegations. Prosecutors could seek to cure the defect and refile, and appellate courts could reverse dismissals if they disagree with the trial court’s legal analysis.
Local Impact for Grand Forks
For Grand Forks residents, the substance—not the social media chatter—matters. Federal prosecutions that touch Eastern North Dakota run through the U.S. Attorney’s Office in Fargo, with proceedings often held in Grand Forks; questions about who can legally bring a case affect charging decisions and timelines, according to the office’s public guidance and federal practice norms.
UND School of Law faculty often use Appointments Clause cases to teach separation-of-powers limits. That’s relevant for law students seeking externships at the federal courthouse and for local practitioners advising clients on federal investigations. Military families at Grand Forks Air Force Base should also note that Uniform Code of Military Justice proceedings are separate from federal civilian prosecutions and use different appointment frameworks, per DoD policy.
If you’re trying to verify a claim about a local federal case:
Check the case number on PACER and confirm the assigned judge and filing date
Look for signed orders on the docket, not screenshots
Contact the clerk’s office for the District of North Dakota or the U.S. Attorney’s Office media line
Voices from the Legal Community
“The Commission’s ALJs are Officers of the United States,” the Supreme Court held in Lucia v. SEC, underscoring that federal officials exercising significant authority must be properly appointed. That principle drives today’s disputes over whether particular prosecutors or adjudicators satisfy constitutional requirements.
In its 2019 review of Comey’s memos, the DOJ inspector general wrote, “We found no evidence that Comey or his attorneys released any of the classified information contained in any of the memos to members of the media,” while still criticizing policy violations, according to the OIG’s report and contemporaneous NPR coverage. That record helps explain why there is no known federal criminal case against him on those facts.
DOJ has also emphasized that its special counsel rules “do not create any rights, substantive or procedural, enforceable at law,” a line contained in 28 C.F.R. § 600.10, even as courts decide constitutional questions under Article II independently of those regulations.
Looking Ahead
If an actual dismissal order appears, the government would face tight appellate deadlines—typically 14 days in criminal cases under the Federal Rules of Appellate Procedure 4(b). Defense teams could move to enforce or broaden the relief, while higher courts could stay the ruling pending review.
For readers, the quickest way to cut through confusion is to demand a docket number and a PDF order signed by a judge. Grand Forks Local is monitoring federal dockets and will publish links to any official filings.
What to Watch
A verifiable case caption, docket number, and signed order are prerequisites to confirming this claim; none have appeared on federal dockets as of press time.
Watch for statements from the Justice Department’s press office or a clerk’s office posting the order. If a ruling surfaces, expect rapid briefing on appeal and possible guidance for future federal appointments.
