Justice Department May Seek New Indictments Against Comey and James

The Justice Department is considering presenting new indictments against former FBI Director James Comey and New York Attorney General Letitia James to grand juries in the Eastern District of Virginia. This follows the dismissal of previous cases after a judge ruled that interim U.S. Attorney Lindsey Halligan lacked the proper authority when the original indictments were issued in late September and early October.

Comey had previously pleaded not guilty to charges of lying to Congress, while James faced mortgage fraud-related charges. Both cases were dismissed last week when Judge Cameron McGowan Currie found that Halligan had not been confirmed by the Senate or sworn in by the district's judges, rendering the indictments invalid.

FBI Director Kash Patel indicated over the weekend that multiple responses could come as early as right after Thanksgiving in the dismissed case against Comey. Grand juries convene multiple times a week in the Alexandria federal courthouse, and less frequently in Norfolk, where James' charges were centered.

The Justice Department has 30 days to notify the court of its intention to appeal the dismissals, with the deadline falling in the week of Christmas. Alternatively, prosecutors may seek to secure new grand jury approvals for charges against Comey and James before deciding on an appeal.

Comey's defense team argues that the statute of limitations has expired, preventing further indictment. Lead defense counsel Patrick Fitzgerald stated last week that the judge's decision indicates that because the indictment is void, the statute of limitations has run and there can be no further indictment. However, the Justice Department believes it might still revive the case under another law that could extend the statute of limitations into spring 2026.

As for James, her mortgage fraud case could also be revived and does not face the same statute of limitations issues. James' defense lawyer Abbe Lowell has indicated plans to challenge the specifics of her indictment and the authority of the interim U.S. Attorney who brought the charges.

Legal experts are closely watching how the Justice Department proceeds, particularly regarding Halligan's involvement, now that a judge has deemed her appointment unlawful. John Day, president of the American College of Trial Lawyers, suggested that the most legally sound move would be for Halligan to step down, stating, "It's a procedural morass. The uncertainty that all of these machinations have created is sort of alarming. It's all in this place because the administration has decided it does not want to proceed under normal order."