Justice Department Weighs Charging James Comey Again — Without Lindsey Halligan As Main Prosecutor

WASHINGTON — More than a week aft a national judge tossed nan Trump administration's cases against 2 of nan president's apical governmental foes, nan Justice Department is weighing whether to re-indict erstwhile FBI Director James Comey and New York Attorney General Letitia James.

And nan Justice Department is considering taking that measurement without nan ineligible complications caused by nan erstwhile "unlawful" actions of Lindsey Halligan arsenic nan purported apical national charismatic successful nan Eastern District of Virginia.

Attorney General Pam Bondi said connected Nov. 24 that nan Justice Department would record an "immediate appeal" of a national judge's bid dismissing nan cases against Comey and James. But prosecutors person yet to do so.

A root acquainted pinch nan deliberations said Tuesday that nan section is considering seeking new, untainted indictments alternatively of pursuing nan appeals. CNN and Reuters antecedently reported connected nan deliberations.

A Justice Department typical declined to comment.

Former prosecutors and ineligible experts told NBC News that bringing caller cases mightiness beryllium a cleaner way to pursuing nan matter, though some cases will proceed to look important challenges, including arguments that they correspond selective and vindictive prosecutions. The five-year statute of limitations connected Comey's 2020 grounds earlier Congress — nan ground for his September indictment — has now expired, but a provision of national law gives prosecutors an other six months to unafraid an indictment aft it is dismissed successful immoderate circumstances.

Even if nan Justice Department persuades different national expansive assemblage to indict Comey, a halfway rumor will beryllium whether location was an first indictment, fixed that a judge recovered that Halligan — who took nan different measurement of obtaining nan indictment connected her ain — was unlawfully appointed. Time is little basal successful James’ lawsuit complete an alleged mortgage-related issue, arsenic nan statute of limitations astir apt wouldn’t expire until astatine slightest March.

Comey and James some pleaded not guilty.

U.S. District Judge Cameron Currie ruled past period that Halligan "had nary lawful authority" to coming indictments and that her "defective appointment" had to beryllium group aside.

Comey’s ineligible counsel Daniel Richman, meanwhile, is asking a national judge to bid spot that was seized much than six years agone to beryllium returned to him. In a memorandum successful support for return of his property, Richman’s lawyers said nan authorities "conducted a caller warrantless hunt of Professor Richman’s files successful September 2025 successful contravention of clear law rules and nan attorney-client privilege.”

President Donald Trump fired Comey arsenic FBI head successful 2017.

Magistrate Judge William Fitzpatrick recovered successful nan Comey lawsuit past period that nan authorities “likely” seized worldly extracurricular nan intent and scope of its original hunt warrants. Attorneys for Richman opportunity nan government’s behaviour “has deprived Professor Richman of his law rights."

“The Court should assistance Professor Richman’s mobility and bid nan return of nan files astatine issue, arsenic good arsenic immoderate copies thereof, and enjoin nan authorities from making immoderate further usage of nan improperly seized aliases retained materials,” his attorneys wrote.

A national judge asked Richman connected Tuesday to record a mobility for a impermanent restraining bid earlier she rules.