DOJ Weighs Fresh Indictments for Comey and James After Dismissals Over Halligan Appointment

The Justice Department is actively considering new indictments against former FBI Director James Comey and New York Attorney General Letitia James following a federal judge's dismissal of their cases on November 24, 2025, due to the unlawful appointment of Acting U.S. Attorney Lindsey Halligan in the Eastern District of Virginia. Sources familiar with the matter told Politico and CNN on December 1 that prosecutors in the Eastern District are preparing superseding indictments for Comey, while James' case could proceed in a different venue, with decisions expected within weeks to avoid holiday delays.

Comey's indictment, unsealed in September 2025, charged him with one count of making false statements to Congress (18 U.S.C. § 1001) and one count of obstruction of a congressional proceeding (18 U.S.C. § 1505), each punishable by up to five years in prison. Prosecutors alleged Comey lied during his 2020 Senate Judiciary Committee testimony about authorizing leaks of memos detailing his private conversations with President Trump, including details on the Russia investigation. The memos, shared with Columbia Law professor Daniel Richman who then leaked them to The New York Times, prompted the Mueller special counsel appointment. Comey pleaded not guilty on September 26, arguing the testimony was "literally true" and the prosecution politically motivated.

James faced a single count of mortgage fraud (18 U.S.C. § 1341) for allegedly misrepresenting a Virginia property as her primary residence on a 2020 loan application, securing a lower interest rate and saving thousands in taxes. The referral came from FHFA Director Bill Pulte in April 2025, part of a series targeting Democrats for similar claims. James pleaded not guilty in May, calling it "retaliation" for her civil fraud case against Trump, which resulted in a $454 million judgment she is appealing.

U.S. District Judge Liam O'Grady, in a 25-page ruling, dismissed both cases, finding Halligan's appointment violated the Appointments Clause and 28 U.S.C. § 509, as she was not properly vested with authority by Attorney General Pam Bondi. O'Grady noted Halligan's prior role in the Public Integrity Section did not qualify her for acting U.S. Attorney without Senate confirmation or statutory delegation, echoing a D.C. Circuit decision on Smith's appointment. The judge rejected DOJ arguments for ratification, stating it could not cure the defect retroactively.

DOJ officials, speaking anonymously to Reuters and Fox News, indicated the department will not appeal the dismissals but pursue new charges. For Comey, prosecutors plan to refile in the Eastern District with refined evidence, potentially adding conspiracy counts under 18 U.S.C. § 371 based on emails showing coordination with Richman. James' case may move to the Southern District of New York, where her Trump prosecution originated, incorporating state tax fraud elements under 18 U.S.C. § 1343. Timing targets indictments by mid-December, before potential statutes of limitations expire—five years for most felonies.

Likelihood of new charges is high, per sources: DOJ vows "swift action" to avoid perceived leniency, with Bondi stating on November 25 that "accountability must be pursued vigorously." Legal experts like Jonathan Turley noted the dismissals highlight prosecutorial overreach but do not bar refiling, as the underlying evidence remains intact. Comey and James' teams plan motions to dismiss any superseding indictments on double jeopardy or vindictive prosecution grounds, but O'Grady's ruling focused solely on appointment, leaving merits unaddressed. Trials, if proceeded, could begin in spring 2026, overlapping with midterms where James faces reelection and Comey remains a public figure. The developments underscore ongoing tensions in Trump's DOJ push for accountability on past investigations.