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DOJ Considering Refiling Indictments Against James Comey and Letitia James, Sources Say

The Justice Department is considering refiling indictments against James Comey and New York Attorney General Letitia James after a federal judge dismissed both cases because an interim U.S. Attorney was unlawfully appointed. Judge Cameron McGowan Currie found Lindsey Halligan presented evidence to grand juries without career prosecutors participating. The ruling leaves open the possibility of fresh charges, but legal hurdles remain — notably a possible statute-of-limitations barrier to refiling charges against Comey.

04:07 PM, 12/02/2025Politics
DOJ Considering Refiling Indictments Against James Comey and Letitia James, Sources Say

The U.S. Justice Department is weighing whether to refile criminal charges against former FBI Director James Comey and New York Attorney General Letitia James after a federal judge dismissed both cases last week, sources familiar with the matter said.

What happened

U.S. District Judge Cameron McGowan Currie threw out the indictments after finding they were obtained under an interim U.S. Attorney in the Eastern District of Virginia whose appointment violated the U.S. Constitution's Appointments Clause and federal law. The department could seek new charges as soon as this week, the sources said, though timing remained unclear.

Key details

Judge Currie found that Lindsey Halligan, who was appointed interim U.S. Attorney in September after her predecessor was removed, presented evidence alone to grand juries in both cases. Career prosecutors in the office declined to participate after expressing concerns about the evidence.

Representatives for Attorney General Letitia James were not immediately reachable for comment. An attorney for James and an attorney for Comey declined to comment, according to the sources who spoke on condition of anonymity to discuss internal deliberations.

Charges and legal hurdles

Comey pleaded not guilty to counts alleging false statements and obstruction of Congress after being accused of lying and authorizing leaks to the media. James pleaded not guilty to charges including bank fraud and making false statements to a financial institution; prosecutors say she submitted misleading mortgage documents to obtain more favorable loan terms.

Both defendants say the prosecutions were politically motivated and driven by former President Donald Trump's animus toward them.

A significant legal question is whether prosecutors can refile against Comey on the same conduct: the five-year statute of limitations on his charges expired on Sept. 30, and his lawyers have argued in court filings that prosecutors lack time to refile those counts.

Next steps

Judge Currie's ruling left open the possibility that the Justice Department could pursue fresh indictments through a lawful appointment process. Department officials are reportedly reviewing options and legal risks before deciding whether to seek new charges.

Source: Reporting by Sarah N. Lynch.

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