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DOJ Weighs New Grand Jury Action on Comey and Letitia James After Indictments Tossed

The Justice Department is considering fresh presentations to grand juries after a judge ruled the original cases were brought by an unlawfully appointed prosecutor.

Overview

  • Sources say prosecutors could seek new indictments as soon as this week, even as the department has 30 days to signal whether it will appeal the dismissals.
  • U.S. District Judge Cameron McGowan Currie dismissed both cases without prejudice after finding interim U.S. attorney Lindsey Halligan lacked lawful authority.
  • FBI Director Kash Patel said the FBI and DOJ have numerous options and teased multiple responses shortly after Thanksgiving.
  • A key hurdle in any Comey refile is timing: his alleged offenses face a five‑year limitations period that expired Sept. 30, though DOJ is reviewing whether another statute could extend the window.
  • Halligan, who presented the cases alone as career prosecutors declined to participate, replaced a predecessor who raised evidentiary concerns; Comey and James pleaded not guilty and have alleged political targeting.