DOJ Fires Top Prosecutor After Refusal to Re-Prosecute James Comey
The Department of Justice has removed Robert McBride, the second-highest ranking official in the U.S. Attorney’s Office for the Eastern District of Virginia, after he refused to advance a renewed prosecution of former FBI Director James Comey, according to multiple sources familiar with the decision.
McBride’s dismissal represents the most consequential internal personnel action to date as the Trump administration moves aggressively to reassert accountability and discipline inside a Justice Department many conservatives have long accused of shielding powerful figures within the intelligence community.
Officials briefed on the matter say the conflict centered on McBride’s refusal to proceed with plans to refile charges against Comey following a temporary dismissal ordered by a federal judge. In late November, U.S. District Judge Cameron McGowan Currie ruled that U.S. Attorney Lindsey Halligan’s appointment violated the Constitution’s Appointments Clause because she had not yet received Senate confirmation at the time the indictment was brought.
While the ruling paused the case on procedural grounds, both Halligan and Attorney General Pam Bondi instructed prosecutors to prepare for re-indictment once Halligan’s appointment was formally ratified. McBride, however, reportedly declined to comply.
“He was insubordinate, plain and simple,” said one senior Justice Department official, speaking on background. “The Attorney General made it clear this case would proceed. McBride was not willing to follow lawful orders from his superiors.”
McBride, 64, is a longtime federal prosecutor and former Navy attorney who previously served in Kentucky before transferring to Virginia. According to sources, McBride also held undisclosed private meetings with federal judges in the Eastern District of Virginia — including judges connected to the Comey case — without the knowledge or approval of Halligan. Inside the department, those meetings were described as “highly irregular” and “a serious breach of protocol.”
Halligan reportedly learned of the unauthorized meetings through court personnel and promptly escalated the matter to senior Justice Department leadership in Washington. McBride was placed on administrative leave shortly thereafter, pending a formal review that concluded with his termination late Friday.
In a brief statement, the Justice Department confirmed the firing, stating McBride was dismissed “for conduct inconsistent with DOJ standards and chain-of-command procedures.”
Comey was indicted in September on two felony counts — making false statements and obstruction of a congressional proceeding — tied to his testimony regarding the origins of the FBI’s 2016 investigation into alleged Trump-Russia collusion. Prosecutors allege Comey knowingly misled lawmakers about the role of the Steele dossier and internal FBI discussions related to surveillance of members of President Donald J. Trump’s campaign.
Although Judge Currie’s ruling temporarily stalled the case, Halligan has made clear her office intends to move forward once procedural issues are resolved.
“James Comey is not above the law,” Halligan said in a statement last month. “Our office intends to pursue justice without fear or favor, regardless of politics or position.”
The developments come as Attorney General Bondi expands a broader investigation into what she has described as a “decade-long pattern of weaponization” of the Justice Department and intelligence agencies against conservatives. In recent remarks, Bondi said prosecutors are relying on an “ongoing conspiracy” framework to examine conduct dating back to the Obama administration’s surveillance of Trump associates.
Bondi has also publicly praised Halligan’s office for “fearlessly taking on entrenched corruption inside the system.”
The Eastern District of Virginia has long served as a focal point for high-profile national security and corruption cases. In recent years, the venue has handled matters involving former FBI Deputy Director Andrew McCabe, former Clinton campaign attorney Michael Sussmann, and other prominent figures tied to politically sensitive investigations.
Legal observers say McBride’s removal sends a clear signal about the Trump administration’s posture toward internal resistance.
“The message is clear — internal resistance will not derail this Justice Department’s mission,” said one former federal prosecutor familiar with the situation.
The firing also reflects increased White House engagement with politically sensitive prosecutions. Vice President JD Vance has reportedly been briefed and is said to support Bondi’s efforts to restore what he has described as “institutional integrity and equal justice.”
While the Justice Department has not announced a timeline for Comey’s re-indictment, officials confirmed the investigation remains active and warned that “additional defendants” could face charges stemming from the broader probe into FBI conduct during the Trump-Russia investigation.