Justice Department Expected to Seek New Indictments Against James Comey and Letitia James

The Department of Justice is reportedly preparing to present new indictments against former FBI Director James Comey and New York Attorney General Letitia James to a federal grand jury in the Eastern District of Virginia as early as this week. According to individuals familiar with the situation inside the Justice Department, prosecutors are moving quickly to secure new charges following a recent court ruling that invalidated the previous indictments.

The initial cases were dismissed last week after U.S. District Judge Cameron McGowan Currie ruled that interim U.S. Attorney Lindsey Halligan lacked the necessary authority to prosecute when the indictments were returned in late September and early October. Judge Currie found that Halligan, who was selected by President Donald Trump, had not been confirmed by the Senate nor sworn in by the district’s judges, rendering her actions before the grand jury invalid.

FBI Director Kash Patel addressed the situation over the weekend, telling the Epoch Times that the agency and the DOJ have “numerous options to proceed” and are “executing on all those options.” Patel indicated that “multiple responses” could occur “right after Thanksgiving.” Grand juries in Alexandria, Virginia, where the Comey case is based, sit regularly multiple times a week.

The original charges alleged that Comey lied to Congress five years ago and that James was involved in mortgage fraud. Both defendants have pleaded not guilty. While the White House and the Attorney General previously signaled an imminent appeal to the 4th U.S. Circuit Court of Appeals, the Justice Department has not yet filed a notice of appeal. Federal rules grant the department 30 days to file such a notice.

A significant legal hurdle remains regarding the case against Comey. His lead defense counsel, Patrick Fitzgerald, stated that the dismissal implies the statute of limitations has expired. However, sources report that the Justice Department believes it can invoke specific statutes to extend the limitation period into spring 2026, allowing them to re-indict despite the five-year window for the alleged 2020 testimony having technically closed.

Defense attorneys for Letitia James are also expected to challenge any new filings. Her legal team cited a recent decision by the 3rd U.S. Circuit Court of Appeals, which ruled that former Trump personal lawyer Alina Habba is unlawfully serving as the U.S. Attorney for New Jersey, as precedent to challenge appointments made without Senate confirmation.

Procedural Next Steps

The Justice Department’s apparent strategy to prioritize re-indictment over an immediate appeal suggests an effort to correct procedural defects while maintaining the momentum of the prosecution. This approach places a spotlight on the legal validity of interim appointments and the technical application of statute of limitations tolling provisions. As the department navigates these complex procedural waters, the outcomes will likely set significant precedents regarding the powers of unconfirmed federal prosecutors. It is important to note that all individuals are presumed innocent until proven guilty in a court of law.