Politics
NEW: DOJ Dismisses Prosecutor Who Refused To Take Action In Closely-Watched Case
Robert McBride, the first assistant U.S. attorney (second-in-command) in the U.S. Attorney’s Office for the Eastern District of Virginia, was dismissed from his position on Monday. The dismissal comes after McBride, a career prosecutor who had previously served in a U.S. attorney’s office in Kentucky, had been appointed to the deputy role in late 2025 under acting U.S. Attorney Lindsey Halligan.
Multiple sources familiar with the matter indicated that McBride’s dismissal followed his refusal to take the lead on efforts to pursue or re-indict former FBI Director James Comey. According to a report from Reuters, McBride informed Justice Department officials that managing such a case would be difficult while also overseeing the overall operations of the office.
Some accounts also noted additional factors, including McBride’s private meetings with federal judges in the district, which were viewed by some as an attempt to position himself for the top role, though meetings with judges are not uncommon in such circumstances.
The underlying issue relates to a prior prosecution of Comey initiated under Halligan. In September 2025, Comey was indicted on two counts: making a false statement to Congress and obstructing a congressional proceeding.
These charges stemmed from his September 30, 2020, testimony before the Senate Judiciary Committee regarding the FBI’s investigation into links between Russia and the 2016 Trump presidential campaign. Comey pleaded not guilty, and a trial had been scheduled for January 5, 2026.
On November 24, 2025, Senior U.S. District Judge Cameron McGowan Currie ruled that Halligan’s appointment as interim U.S. attorney was unlawful, stating that it violated federal statutes (including 28 U.S.C. § 546) limiting the Attorney General’s authority to appoint interim U.S. attorneys for 120 days and the Appointments Clause of the U.S. Constitution.
Then-FBI Director James B. Comey provides remarks on civil rights and law enforcement at the historic 16th Street Baptist Church in Birmingham, Alabama, May 25, 2016.
The judge found that Halligan had no lawful authority to present the case to the grand jury or sign the indictment. As a result, the charges against Comey — as well a a related case against New York Attorney General Letitia James — were dismissed without prejudice. This means that prosecutors could seek additional charges relating to the conduct under the proper authority.
The Justice Department has appealed the ruling on Halligan’s appointment and the dismissals. Officials, including those from the Attorney General’s office, have maintained that the appointment was lawful and indicated intent to continue pursuing the matter through the appeal process
Comey has not yet been re-indicted as of this report, though the appeals process is ongoing.
