The Justice Department is reportedly considering presenting a new indictment against former FBI Director James Comey to a grand jury as early as this week, CNN reported. According to multiple sources, prosecutors are also likely to present new charges against New York Attorney General Letitia James to grand juries in the Eastern District of Virginia. The previous cases against Comey and James were dismissed last week after a judge ruled that interim U.S. Attorney Lindsey Halligan lacked the authority to prosecute when the indictments were initially returned in late September and early October.

Comey had previously pleaded not guilty to charges of lying to Congress, while James faced mortgage fraud-related charges. Following the dismissal, FBI Director Kash Patel mentioned that "multiple responses" could be expected soon, potentially right after Thanksgiving. Patel emphasized that the FBI and the Department of Justice (DOJ) have various options to proceed with the cases.

The dismissal of the cases was based on a ruling by Judge Cameron McGowan Currie, who found that Halligan did not have the authority to serve as the U.S. Attorney for the Eastern District of Virginia because she was not confirmed by the Senate or sworn in by the district's judges. This decision rendered the indictments against Comey and James invalid. Despite the White House and the attorney general's statements about an imminent appeal, the DOJ has not yet notified the court of its intention to appeal. The department has until the week of Christmas to do so.

Comey's legal team, led by Patrick Fitzgerald, argues that the statute of limitations has expired, preventing further indictment. However, the DOJ believes it might still revive the case under a different law, potentially extending the statute of limitations into spring 2026. Meanwhile, James' case does not face the same statute of limitations issues, and her defense team is preparing to challenge any renewed indictment.

Michael Berry