JONATHAN TURLEY: From lawfare to lawflop: Trump case dies, but could rise again

If we are surviving successful an property of lawfare, it is accelerated becoming a warfare of attrition. The dismissal of the indictments against erstwhile FBI Director James Comey and existent New York Attorney General Letitia James is the latest twist successful the arguable prosecutions of Trump antagonists.

James instantly posted a connection celebrating the decision, but she whitethorn privation to absorption connected the prepositional operation pursuing the connection "dismissal": "without prejudice." The medication whitethorn inactive beryllium capable to revive these cases.

James’ triumph thigh connected societal media is simply a fitting summation to the opinion, which emphasized President Donald Trump’s societal media postings astir these cases. U.S. District Judge Cameron Currie noted that Trump had demanded the indictment of these and different individuals soon earlier the charges were handed down.

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Law seems to person go wholly improvisational successful the property of Trump. James and Manhattan District Attorney Alvin Bragg adopted highly caller ineligible theories to prosecute Trump successful New York, including Bragg’s revival of a dormant misdemeanor complaint and its conversion into a multi-count felony indictment. Both cases were denounced by experts crossed the governmental spectrum arsenic the earthy weaponization of the ineligible process.

Former FBI Director James Comey. When the Comey and James indictments were filed, galore of america successful the ineligible assemblage noted a mates of problems. (Jonathan Ernst/Reuters)

However, James is entitled to each spot of the owed process and procedural extortion that she denied Trump. Rushed to completion successful the last days earlier the statute of limitations expired, these indictments proved a target-rich situation for defence counsel.

When the Comey and James indictments were filed, galore of america successful the ineligible assemblage noted a mates of problems. First, the James indictment seemed disjointed aft the denial of a cardinal charge. With clip moving out, Acting U.S. Attorney Lindsey Halligan rapidly stitched the remaining counts unneurotic and filed the indictment. It was advertisement hoc and hardly ideal.

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The main occupation we identified was Halligan herself. The erstwhile backstage counsel for Trump was appointed acting U.S. lawyer aft the removal of her predecessor, Erik Siebert, who reportedly resigned aft expressing reservations astir the ineligible ground for the indictment.

Lindsey Halligan, Acting U.S. lawyer and erstwhile peculiar adjunct to the president, speaks with a newsman extracurricular the White House, Wednesday, Aug. 20, 2025, successful Washington. (Jacquelyn Martin/AP)

The occupation is that a national statute, 28 U.S.C. § 546, governs the assignment of interim U.S. attorneys erstwhile a vacancy arises. A president has 120 days to name specified an authoritative portion awaiting a Senate-confirmed replacement. Siebert had already utilized that 120-day period, and the statute mandates that, aft its expiration, the territory tribunal appoints the acting U.S. attorney.

While the Justice Department has argued successful bully religion that the instrumentality tin beryllium much broadly interpreted, different judges person supported the plain meaning, including a New Jersey tribunal that disqualified different erstwhile idiosyncratic counsel for Trump, Alina Habba, from serving arsenic U.S. attorney.

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Judge Currie efficaciously declared, "Time’s up." She besides noted that the unreserved to indict followed the president’s societal media station expressing choler implicit the nonaccomplishment to indict these individuals. The president wrote: "What astir Comey, Adam ‘Shifty’ Schiff, Leticia??? They’re each blameworthy arsenic hell, but thing is going to beryllium done."

He aboriginal took down the post, but the harm was done.

There are inactive challenges implicit whether these indictments represent selective oregon vindictive prosecutions. The defendants are utilizing the president’s station arsenic Exhibit 1. If Judge Michael Nachmanoff rules that these indictments are invalid for different reasons oregon represent selective oregon vindictive prosecution, determination would beryllium nary procedural "cure" absent a reversal connected appeal.

However, Currie’s determination could beryllium addressed by a caller indictment bearing the signature of a decently commissioned adjunct U.S. attorney, arsenic agelong arsenic the tribunal agrees the indictment was timely filed.

New York Attorney General Letitia James speaks alongside Gov. Kathy Hochul during a property league successful New York City connected November 6, 2024, discussing the interaction of Donald Trump’s reelection arsenic president. (Lev Radin/Pacific Press/LightRocket via Getty Images)

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None of this means the defendants are guiltless of the underlying transgression acts. Rather, these rushed indictments were highly novel—and novelty is seldom bully successful a transgression indictment.

Notably, immoderate of america person observed that the indictment against erstwhile Trump National Security Adviser John Bolton successful Maryland is the strongest of the 3 cases. The medication has indicated it whitethorn successful information beryllium adding charges.

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Bolton is besides expected to rise claims of vindictive and selective prosecution.

John Bolton, erstwhile U.S. nationalist information adviser, left, exits the U.S. territory courthouse successful Greenbelt, Maryland, connected Friday, Oct. 17, 2025.  (Eric Lee/Bloomberg via Getty Images)

What is wide is that each 3 cases are apt to stay successful the ineligible strategy for years. Indeed, they could easy widen into a caller administration. If that medication is led by a Democratic president, each 3 defendants whitethorn expect a pardon from Trump’s successor.

It is arsenic wide that the medication is improbable to motion disconnected these cases arsenic damaged goods.

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First, they request a cure. District courts are improbable to hold that presidents tin daisy-chain appointments indefinitely, with each acting U.S. lawyer serving for 120 days similar a rotating prosecutorial timeshare. That is peculiarly existent erstwhile the authorization to name nether national instrumentality rests with the territory courts.

In different words, portion the president and galore others whitethorn presumption these 3 arsenic "guilty arsenic hell," hellhole knows nary fury similar a tribunal scorned.

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