The Department of Justice is considering bringing new indictments against former FBI Director James Comey and New York Attorney General Letitia James after a federal judge threw out the original cases last month.
According to Fox News, two individuals familiar with the situation told the outlet that the DOJ is leaning toward not appealing the dismissals.
Instead, officials are reportedly exploring the possibility of filing new charges altogether.
The development follows senior U.S. District Judge Cameron McGowan Currie’s decision last week to dismiss both indictments.
The ruling centered on the appointment of Lindsey Halligan, who had been serving as interim U.S. attorney. Currie determined that Halligan’s appointment violated federal law and the Constitution.
In separate written opinions, the judge concluded that “because Ms. Halligan had no lawful authority to present the indictment, I will… dismiss the indictment without prejudice,” leaving the door open for prosecutors to refile charges.
The decisions immediately triggered political fallout.
White House press secretary Karoline Leavitt accused the judge of attempting to “shield” Comey and James from “accountability,” insisting that the administration stood by Halligan’s qualifications and her appointment.
“And it is our position that Lindsey Halligan is extremely qualified for this position, but more importantly, was legally appointed to it,” Leavitt told reporters outside the White House.
U.S. Attorney General Pam Bondi struck a similar tone, vowing to push forward despite the setback.
“We’ll be taking all available legal action, including an immediate appeal, to hold Letitia James and James Comey accountable for their unlawful conduct,” Bondi said at a press conference last week.
For now, the DOJ is weighing its next steps. With the indictments dismissed “without prejudice,” prosecutors retain the option to craft new cases — a path sources say the department is actively evaluating.
