The U.S. Justice Department is weighing whether to seek new indictments against former FBI Director James Comey and New York Attorney General Letitia James, just days after a federal judge dismissed both criminal cases. According to two individuals familiar with the matter, the DOJ could move forward with fresh charges as soon as this week — though the precise timing remains unclear. And yes, the silence from Comey’s attorney and James’s office was immediate and predictable.
The cases against both Comey and James — two longtime political adversaries of President Donald Trump — were dismissed after U.S. District Judge Cameron McGowan Currie ruled that the indictments were obtained by an unlawfully appointed U.S. attorney in the Eastern District of Virginia. In other words, the legal technicality gave them a temporary lifeline… emphasis on temporary.
Judge Currie found the Trump Justice Department violated the Constitution’s Appointments Clause and federal law when it appointed Lindsey Halligan as interim U.S. attorney in September. Halligan stepped in after her predecessor was pushed out for raising concerns about the evidence in both cases. She presented the evidence to the grand juries alone, without the participation of career prosecutors who refused to be involved — a detail that speaks volumes.
But importantly, Currie’s ruling leaves the door wide open for the DOJ to pursue new indictments. And given the history here, few would be surprised if the department walks right through that door.
Comey has long been a contentious figure. As FBI director, he oversaw the investigation into alleged ties between Trump’s 2016 campaign and Russia before Trump fired him in 2017. He later faced charges of making false statements and obstructing Congress after allegedly lying and authorizing media leaks — charges to which he pleaded not guilty.
Letitia James, meanwhile, built her political reputation targeting Trump and ultimately sued him and his family real estate business for fraud. She pleaded not guilty to separate charges of bank fraud and lying to a financial institution, after prosecutors alleged she filed misleading mortgage documents to secure better loan terms.
Both Comey and James have claimed the prosecutions were politically motivated — a convenient narrative for two officials who have never hesitated to weaponize their own offices when it suited them. But the judge’s ruling doesn’t erase the allegations; it simply means the DOJ needs to refile them properly.
One lingering question concerns whether prosecutors can still bring charges against Comey, given that the five-year statute of limitations expired on September 30. Comey’s lawyers have already argued the window is closed. Whether that argument holds up is yet to be seen.
For now, the DOJ is recalibrating, the cases remain very much alive, and accountability — however delayed — may not be off the table. And anytime justice has another chance to get things right, that’s a step in the right direction.
