The United States Justice Department is considering a dramatic shift in strategy as it weighs whether to pursue fresh indictments against former FBI Director James Comey and New York Attorney General Letitia James. The move would mark a new chapter in two politically sensitive cases that were dismissed last week by a federal judge.
The cases were thrown out after U.S. District Judge Cameron Currie ruled that Lindsey Halligan, a former personal attorney to President Donald Trump, was improperly appointed to lead the prosecutions. The decision embarrassed the White House, which had pushed aggressively for the indictments and publicly vowed an immediate appeal.
Despite those assurances from senior officials, the Justice Department has not filed any appeal. Two sources familiar with the internal deliberations said senior prosecutors are instead weighing whether to avoid the appeals process altogether and present the cases to new grand juries.
The strategy carries significant political risk. A grand jury could decline to re-indict either Comey or James, potentially provoking anger from Trump and leaving the Justice Department with another public setback.
The initial court ruling was particularly damaging for the administration. Judge Currie not only rejected the indictments but also disqualified Halligan, highlighting concerns about her authority to act as a temporary U.S. attorney. The decision undercut Trump’s effort to install loyalists in key prosecutorial roles to pursue politically charged cases.
Attorney General Pam Bondi reacted swiftly last week, telling reporters the department would take all available legal action. Bondi signaled that an appeal would come quickly. The White House echoed that message, insisting the appeal might already be in progress.
Days later, the Justice Department has remained silent. Spokespersons for the department, Comey and James declined to comment on the deliberations. Attorneys for Comey and James reiterated that the charges were meritless and politically motivated.
The delay may be influenced by another recent court ruling. This week, the Third Circuit Court of Appeals upheld the disqualification of Alina Habba, another Trump-associated attorney serving as New Jersey’s U.S. attorney. Legal experts say that decision could shape the department’s next steps as it considers how to proceed.
Analysts say the department has several options. Halligan could present the cases again, but this time as a special attorney under Bondi’s direction. Other prosecutors could join her in re-presenting evidence, or entirely new teams could take over the cases.
Former federal prosecutor Gene Rossi said the case against Letitia James could likely be revived without major complications. However, the charges against Comey face a critical obstacle. The statute of limitations expired five days after Halligan originally brought charges, leaving prosecutors with no legal basis to re-indict him.
“For Attorney General James, there’s no problem re-indicting here,” Rossi noted. “For Comey, there’s no hook. For the Comey case, I think it’s gone.”
Prosecutors have 30 days from the date of dismissal to file a formal appeal. While the paperwork is simple, strategic concerns may be slowing the process.
An appeal would challenge only Judge Currie’s ruling on Halligan’s appointment. Starting fresh with new indictments could allow prosecutors to correct deficiencies in the original grand jury presentations, particularly in the Comey case where judges criticized Halligan’s legal approach.
But going back to a new grand jury carries uncertainty. If a grand jury declines to indict either Comey or James, the Justice Department would face another damaging blow in cases already steeped in political tension.
For now, the department appears to be navigating a difficult balance. Reviving the cases could satisfy the White House but risks further legal missteps. Allowing the cases to die could open the door to accusations that prosecutors failed to pursue charges demanded by the president.
As the deadline approaches, all eyes are on whether the Justice Department will appeal or roll the dice on new indictments. The outcome will carry legal and political consequences in a climate where both are closely intertwined.
