Justice Department Weighs Fresh Charges Against Comey and James

The U.S. Justice Department is considering refiling indictments against former FBI Director James Comey and New York Attorney General Letitia James after a federal judge dismissed the initial cases.

The earlier indictments were thrown out because they were brought under an interim U.S. attorney whose appointment the court ruled unconstitutional. The judge stated the appointment violated federal rules related to executive authority and the Appointments Clause.

Sources familiar with the internal discussions said the department is reviewing whether sufficient legal grounds exist to present the same charges to a new grand jury. Officials added that a decision could arrive within days, but no timeline has been finalized.

• Justice Department Considers Refilling Charges Against Comey and Letitia James
• Comey and Letitia James May Face New Indictments After Case Dismissal
• DOJ Reviews Legal Grounds to Refile Charges Following Judge’s Ruling

Comey was previously charged with obstruction and making false statements connected to record-handling tied to his FBI tenure. Prosecutors may face a statute of limitations barrier if they attempt to reinstate those same counts without modification.

James faced separate allegations involving bank fraud and false statements, linked to a mortgage process reviewed by federal investigators. She has rejected the case as retaliatory and politically engineered. Both Comey and James are viewed as high-profile critics of former President Donald Trump, and their legal exposure continues to draw national attention. The dismissals did not address the underlying evidence; instead, they focused solely on the authority of the official who authorized the filings.

Career prosecutors previously raised objections about the decision-making process behind the filings. Internal correspondence reviewed by investigators showed disagreement over evidentiary thresholds and procedural conduct. Legal analysts say a refiling would reopen debate over prosecutorial discretion and political influence, especially with the judge’s ruling underscoring procedural defects rather than factual findings.

Also Read: HUL Names Vandana Suri Executive Director for Home Care Portfolio

The department has not issued a public statement, and attorneys for both Comey and James said they are awaiting formal notice from federal prosecutors before responding.