Justice Department considers filing charges against James Comey again — but without Lindsey Halligan as lead prosecutor

WASHINGTON Over a week after a federal judge dismissed cases initiated by the Trump administration against two prominent political figures, the Justice Department is considering whether to bring new charges against former FBI Director James Comey and New York Attorney General Letitia James. Officials are exploring this route to avoid legal complications linked to Lindsey Halligan, who was previously acting as the lead federal prosecutor in the Eastern District of Virginia.

Attorney General Pam Bondi announced on November 24 that the Justice Department intended to file an "immediate appeal" of the ruling that dismissed the cases against Comey and James. However, prosecutors have not yet taken action. Sources familiar with the matter indicated that the department might pursue new indictments instead of appealing the prior dismissals. Reports from CNN and Reuters had earlier covered these considerations. A Justice Department spokesperson declined to comment.

Legal experts and former prosecutors noted that filing fresh cases could provide a cleaner legal path, although both matters will still face hurdles, including claims of selective and vindictive prosecution. The five-year statute of limitations related to Comeys 2020 congressional testimony, which formed the basis of his September indictment, has expired, though federal law allows prosecutors an additional six months to seek an indictment after dismissal under certain conditions.

Even if a new federal grand jury indicts Comey, a key issue remains whether an initial indictment ever stood, given that a judge determined Halligans appointment was unlawful. In James case, which concerns an alleged mortgage-related matter, the statute of limitations is not an immediate concern and likely extends until at least March.

U.S. District Judge Cameron Currie ruled last month that Halligan "had no lawful authority" to present indictments and that her "defective appointment" must be nullified. Meanwhile, Comeys lawyer Daniel Richman is petitioning a federal court to return property seized over six years ago. In supporting documents, Richmans legal team argued that the government "conducted a new warrantless search of Professor Richmans files in September 2025, violating constitutional protections and attorney-client privilege."

President Donald Trump dismissed Comey as FBI director in 2017. Magistrate Judge William Fitzpatrick recently found that in Comeys case, authorities likely seized materials beyond the scope of the original search warrants. Richmans attorneys contend the governments actions "have infringed on Professor Richmans constitutional rights." They requested that the court order the return of the files and any copies, and prevent the government from further using the seized materials.

A federal judge asked Richman to submit a motion for a temporary restraining order before issuing a final ruling.

Author: Sophia Brooks