The Justice Department might soon bring new charges against James Comey and Letitia James. Sources suggest this could happen as early as this week, with presentations to grand juries in Virginia expected soon.
Last week, a judge dismissed previous charges against both figures. The dismissals were based on the conclusion that the interim U.S. Attorney, Lindsey Halligan, lacked the authority to secure those indictments. Comey has denied lying to Congress five years ago, while James has pleaded not guilty to charges related to mortgage fraud.
FBI Director Kash Patel mentioned that more responses to the case against Comey could emerge shortly after Thanksgiving. Grand juries meet regularly, with sessions held in Alexandria and Norfolk, where the James case was focused.
During an interview, Patel emphasized there are many options available for the Justice Department moving forward. “Stay tuned for right after Thanksgiving,” he said, hinting at potential developments.
After the initial dismissals, the White House and Attorney General suggested an appeal might happen soon. However, as of Monday, the Justice Department had not yet notified the court about any plans to appeal. Under federal rules, they have 30 days to do so, which would fall around Christmas.
The Justice Department could attempt to secure a grand jury’s approval for new charges against Comey before deciding whether to proceed with an appeal. If re-indicted, Comey’s defense team is prepared to challenge any new charges. Lead counsel Patrick Fitzgerald stated that the dismissal indicates the time limit for bringing new charges may have passed. He believes it is highly probable that no further indictment can occur because the statute of limitations has run out.
Interestingly, legal experts are divided on how the Justice Department will handle the situation. Some see potential for the department to invoke an alternative legal framework that allows for extending the statute of limitations, buying them more time until spring 2026.
In James’ case, a similar revival of charges is plausible, as her situation doesn’t involve the same potential statute of limitations complications. Her legal team was beginning to challenge the specifics of her case and intends to continue doing so.
Notably, Abbe Lowell, James’ attorney, recently secured a win in a different case, showcasing his commitment to contesting the legitimacy of interim U.S. Attorney appointments. He stated, “We will continue to challenge President Trump’s unlawful appointments of purported U.S. Attorneys wherever appropriate.”
Many legal experts are keenly observing how the Justice Department will navigate this complex situation, especially concerning Halligan’s role. John Day, a Nashville defense lawyer, noted, “They can reindict. The question is who can do it.” He believes the most effective step for the Justice Department would be to have Halligan step aside to allow another person to manage the indictment process.
Day added that the current legal environment is confusing and troubling. “The uncertainty created by these maneuvers is alarming,” he remarked, highlighting concerns about the normal order of judicial procedures being disrupted.
In summary, with ongoing developments, the future of the cases against Comey and James remains uncertain, and the legal community will be watching closely.
