Justice Department may bring new charges against James Comey to a grand jury this week

The Justice Department could move to present new charges against former FBI Director James Comey to a grand jury as soon as this week. Sources familiar with the Department believe actions could happen swiftly, with prosecutors likely pursuing new indictments against both Comey and New York Attorney General Letitia James in the Eastern District of Virginia.

Last week, previous cases against Comey and James were dismissed after a judge determined that interim U.S. Attorney Lindsey Halligan lacked the authority to issue the indictments in late September and early October. Comey had pleaded not guilty to allegations that he misled Congress five years ago, while James denied charges connected to mortgage fraud.

Following the dismissals, FBI Director Kash Patel indicated that multiple actions could follow quickly, potentially right after Thanksgiving. Grand juries convene several times per week in Alexandria and less frequently in Norfolk, where James case is centered.

In an interview with the media outlet Epoch Times, Patel stated, We have numerous options to proceed, and were executing all of them. So were not done. He added, Stay tuned for right after Thanksgiving and youll see multiple responses, in my opinion.

The congressional obstruction charges against Comey were dismissed after Judge Cameron McGowan Currie ruled that Halligan lacked authority to act as U.S. Attorney for the Eastern District of Virginia, as she had neither Senate confirmation nor a swearing-in by district judges. This decision invalidated the indictments she obtained from the Alexandria grand juries for both Comey and James.

The White House Press Secretary and the Attorney General indicated that an appeal to the 4th U.S. Circuit Court of Appeals was likely, but as of Monday afternoon, the Justice Department had not formally notified the court. Federal procedural rules allow 30 days for the Department to announce an appeal, extending into the week of Christmas.

The Justice Department may attempt to secure grand jury approval again before appealing. Comeys defense team is prepared to challenge any re-indictment, arguing that the statute of limitations has expired for charges related to his September 2020 testimony. Lead counsel Patrick Fitzgerald stated that the judges ruling implies no further indictment can occur. A footnote in Judge Curries opinion acknowledged that actions by Halligan prior to the grand jury were invalid.

However, sources indicate that the Department believes it could pursue the case under another law, potentially extending the statute of limitations into spring 2026. James mortgage fraud case could also be revived and does not face the same statute of limitations concerns. Her defense team, led by Abbe Lowell, has a history of challenging interim U.S. Attorneys authority without Senate confirmation.

After a recent appellate decision in New Jersey involving Lowells client, he affirmed his intent to continue challenging unlawful appointments of U.S. Attorneys. A spokesperson for Lowell declined to comment further on James case.

Legal experts are monitoring the Justice Departments next steps and the role Halligan might play, given her previous unlawful appointment. John Day, a Nashville defense attorney, noted that re-indictment is possible but would require a different official to manage the process. He described the current situation as a procedural morass created by the administrations decision to bypass normal processes.

Author: Sophia Brooks