Justice Department Considers New Indictment Against Former FBI Director James Comey

The Justice Department is preparing to present a new indictment against former FBI Director James Comey to a grand jury as early as this week, according to sources familiar with the situation. Prosecutors are also expected to revive charges against New York Attorney General Letitia James in federal court in Virginia.

Both cases were dismissed last week after a judge ruled that interim U.S. Attorney Lindsey Halligan did not have proper authority to bring the earlier indictments. Comey had pleaded not guilty to allegations he lied to Congress, while James denied mortgage-fraud-related charges.

FBI Director Kash Patel suggested that the department planned to move quickly, saying that multiple developments could follow “right after Thanksgiving.” Grand juries convene regularly in the federal courthouse in Alexandria, where Comey’s case originated.

The Justice Department continues to weigh whether it will appeal the dismissal. Federal rules give the department until late December to notify the 4th U.S. Circuit Court of Appeals. However, officials could attempt to secure a new indictment first while considering their broader legal options.

Comey’s defense team argues that the case cannot be revived due to the five-year statute of limitations tied to his 2020 congressional testimony. The judge who dismissed the case signaled she agreed that any indictment issued under Halligan would be void.

Prosecutors may seek to rely on alternate legal authority that could extend the time available to refile charges into spring 2026.

Meanwhile, the case against Letitia James appears less affected by timing concerns. Her attorneys are expected to continue challenging the legitimacy of charges brought under an unconfirmed U.S. Attorney. Defense lawyer Abbe Lowell has vowed to pursue additional challenges to what he describes as unlawful appointments within the Justice Department.

The Justice Department has not commented on when a final decision will be made or how it will proceed.

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