Judge Cameron McGowan Currie, a Clinton appointee, dismissed the case without prejudice over Halligan's appointment, meaning the DOJ can try again when they get their act together.

"I conclude that all actions flowing from Ms. Halligan's defective appointment, including securing and signing Ms. James's indictment, constitute unlawful exercises of executive power and must be set aside," the judge wrote in an order in James' case.

While the White House says they'll appeal, the statute of limitations has already passed for Comey's case - which Judge Currie noted in a footnote that the DOJ could not bring a similar indictment against him, as "there is no legitimate peg on which to hang such a judicial limitations-tolling result" with a voided indictment.