The Department of Justice (DOJ) has fired Robert McBride, the first assistant U.S. attorney in the Eastern District of Virginia.
McBride was dismissed from his post on Monday following internal disagreements over the handling of a high-profile case involving former FBI Director James Comey, according to multiple sources familiar with the matter.
McBride, a career prosecutor who previously served in a U.S. attorney’s office in Kentucky, had been appointed to the second-in-command role in late 2025 under Acting U.S. Attorney Lindsey Halligan.
His dismissal reportedly came after he declined to take the lead on efforts to revive or re-indict Comey following the dismissal of earlier charges.
According to a report from Reuters, McBride told Justice Department officials that overseeing a renewed prosecution would be difficult while also managing the day-to-day operations of the office.
Sources also pointed to McBride’s private meetings with federal judges in the district as a contributing factor to tensions, though such meetings are not uncommon for senior prosecutors and were not, on their own, alleged to be improper.
The dispute traces back to a prior prosecution of Comey initiated under Halligan’s leadership.
In September 2025, Comey was indicted on two counts: making false statements to Congress and obstructing a congressional proceeding.
The charges stem from his September 30, 2020, testimony before the Senate Judiciary Committee regarding the FBI’s investigation into alleged ties between Russia and the 2016 Trump presidential campaign.
Comey pleaded not guilty, and a trial had been scheduled for January 5, 2026.
That case was derailed in November 2025, when Senior U.S. District Judge Cameron McGowan Currie ruled that Halligan’s appointment as interim U.S. attorney was unlawful.
The judge found that the appointment violated federal statutes, including 28 U.S.C. § 546.
The statute limits the Attorney General’s authority to appoint interim U.S. attorneys to 120 days, as well as the Appointments Clause of the U.S. Constitution.
As a result, the court determined that Halligan lacked legal authority to present the Comey case to a grand jury or sign the indictment.
The charges against Comey, along with a related case against New York Attorney General Letitia James, were dismissed without prejudice, leaving open the possibility that prosecutors could refile charges under proper authority.
The Justice Department has appealed the ruling on Halligan’s appointment and the resulting dismissals.
Officials, including those from the Attorney General’s office, have maintained that the appointment was lawful and have signaled their intent to continue pursuing the matter through the appellate process.
As of this report, Comey has not been re-indicted, and the appeal remains pending.
McBride’s dismissal underscores the ongoing internal and legal battles surrounding one of the most closely watched prosecutions tied to the aftermath of the Russia investigation.
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