Justice Department weighs charging James Comey again, without Lindsey Halligan as main prosecutor

WASHINGTON — More than a week after a federal judge threw out the Trump administration’s cases against two of the president’s top political foes, the Justice Department is weighing whether to re-indict former FBI Director James Comey and New York Attorney General Letitia James.

And the Justice Department plans to take this action without the legal complications caused by Lindsey Halligan’s previous “unlawful” actions as the so-called lead federal prosecutor for the Eastern District of Virginia.

Attorney General Pam Bondi said Nov. 24 that the Justice Department would file an “immediate appeal” of a federal judge’s order dismissing the charges against Comey and James. But prosecutors haven’t done so yet.

A source familiar with the deliberations said Tuesday that the department plans to seek new, intact indictments instead of pursuing appeals. CNN and Reuters have already reported on the deliberations.

A Justice Department representative declined to comment.

Former prosecutors and legal experts told NBC News that launching new cases could be a cleaner path to pursuing the case, although both cases will continue to face significant challenges, including arguments that they are selective and vindictive prosecutions. The five-year statute of limitations for Comey’s testimony before Congress in 2020 — the basis of his September indictment — has now expired, but a provision of federal law gives prosecutors an additional six months to obtain an indictment after it is dismissed in certain circumstances.

Even if the Justice Department persuades another federal grand jury to indict Comey, a central question will be whether there was an initial indictment, given that a judge concluded that Halligan — who took the unusual step of obtaining the indictment on her own — was illegally named. Time is less of the essence in James’ case regarding an alleged mortgage-related issue, as the statute of limitations likely won’t expire until at least March.

Both Comey and James have pleaded not guilty.

U.S. District Judge Cameron Currie ruled last month that Halligan “had no legal authority” to bring indictments and that his “defective appointment” should be vacated.

Comey’s legal adviser, Daniel Richman, is asking a federal judge to order that property seized more than six years ago be returned to him. In a memorandum supporting the return of his assets, Richman’s lawyers said the government “conducted a new warrantless search of Professor Richman’s files in September 2025, in violation of clear constitutional rules and attorney-client privilege.”

President Donald Trump fired Comey as FBI director in 2017.

Magistrate Judge William Fitzpatrick concluded in Comey’s case last month that the government “probably” seized documents outside the purpose and scope of its original search warrants. Richman’s lawyers say the government’s conduct “deprived Professor Richman of his constitutional rights.”

“The Court should grant Professor Richman’s motion and order the return of the records at issue, together with any copies thereof, and enjoin the Government from making any further use of the illegally seized or retained documents,” his attorneys wrote.

A federal judge on Tuesday asked Richman to file a motion for a temporary restraining order before ruling.