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Kash Patel: Government Has “Numerous Options” After Comey Indictment Tossed — “Stay Tuned for Right After Thanksgiving”

08:52 AM, 12/01/2025

Kash Patel said the government still has multiple avenues to pursue after a judge dismissed the perjury indictment against James Comey. The charges were tossed because the prosecutor, Lindsey Halligan, was found not to have lawful authority to present the indictment; the Justice Department is appealing. Patel hinted that further actions could arrive "right after Thanksgiving," while Comey called the prosecution "fundamentally un-American."

Kash Patel warned Saturday that the matter of prosecuting former FBI director James Comey may not be finished after a federal judge dismissed the perjury indictment against him.

What happened

Comey was indicted in the Eastern District of Virginia at the end of September on counts alleging false statements and obstruction of justice tied to testimony he gave to Congress. Both Comey and New York Attorney General Letitia James pleaded not guilty.

Last week, federal Judge Cameron McGowan Currie dismissed the charges against Comey and James, finding that the prosecutor who presented the indictment, Lindsey Halligan, was not lawfully serving as an interim United States attorney when she did so. The Justice Department has announced it will appeal Currie’s ruling.

Patel’s comments and next steps

In an interview with journalist Jan Jekielek, Patel said the Trump team still has “numerous options to proceed” against Comey and added, “and we’re executing on all those options. So, we’re not done.” When pressed for specifics, he offered only a brief timeline: “I would say stay tuned for right after Thanksgiving and you’ll see multiple responses, in my opinion.”

Judge’s critique and background

Currie’s written order was sharply critical of the prosecution, describing prosecutorial errors that may have jeopardized the case. Halligan — who previously worked as President Trump’s personal real estate attorney and had little or no prior experience as a prosecutor — replaced Erik Siebert as the U.S. Attorney for the Eastern District of Virginia after he declined to pursue charges, citing insufficient evidence.

Currie concluded Halligan “had no lawful authority to present the indictment” and granted the defense’s motion to dismiss the indictments without prejudice.

“Without prejudice” means the government may choose to refile the charges in the future. After the dismissal, Comey denounced the prosecution as “fundamentally un-American” and said it was “based on malevolence and incompetence.”

What to watch for

The Department of Justice is appealing the dismissal, and Patel’s comments suggest the Trump team may pursue additional legal or administrative avenues. Observers should expect further developments in the weeks after Thanksgiving as appeals progress and any new actions are considered.

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