Justice Department weighing fresh charges against Comey and James

 December 3, 2025

Another legal storm is brewing in Washington as the Department of Justice mulls over new indictments against former FBI Director James Comey and New York Attorney General Letitia James.

Fox News reported that just last week, a federal judge tossed out indictments against both high-profile figures, but the DOJ isn’t ready to let this fight die and is considering re-filing charges rather than appealing the dismissal.

The saga began when Senior U.S. District Judge Cameron McGowan Currie ruled that the interim U.S. attorney, Lindsey Halligan, lacked the legal standing to bring the indictments forward.

Judge Currie didn’t mince words, declaring, “because Ms. Halligan had no lawful authority to present the indictment, I will… dismiss the indictment without prejudice.”

Translation: the cases are down but not out, leaving the door wide open for the DOJ to try again—and isn’t that a polite judicial slap on the wrist for overreaching appointments?

This dismissal without prejudice means the charges aren’t dead; they’re just waiting for someone with the right credentials to pick up the baton and run with it.

DOJ Faces a Strategic Crossroads

Now, the Department of Justice is at a crossroads, weighing whether to pursue fresh indictments against Comey and James instead of challenging the judge’s ruling through an appeal, as reported by Politico and confirmed by two sources close to the matter.

It’s a bold move, sidestepping a potentially messy appellate fight to double down on accountability—something many conservatives have been clamoring for when it comes to these prominent figures.

Yet, the DOJ has stayed tight-lipped, offering no comment when approached by Fox News Digital, which only fuels speculation about their next steps.

White House press secretary Karoline Leavitt didn’t hold back, accusing the judge of trying to “shield” Comey and James from “accountability” and insisting that the DOJ would appeal the dismissal.

Leavitt’s frustration is palpable, and she doubled down by defending Halligan, stating, “And it is our position that Lindsey Halligan is extremely qualified for this position, but more importantly, was legally appointed to it.”

Well, that’s a confident stance, but if the court says the appointment doesn’t pass muster, isn’t it time to rethink the playbook rather than just shouting into the wind?

Attorney General Vows Swift Action

U.S. Attorney General Pam Bondi echoed Leavitt’s resolve at a recent press conference, promising swift legal action to ensure Comey and James face consequences for what she described as unlawful conduct.

It’s clear the administration isn’t backing down, and while some might see this as a stubborn refusal to accept a judicial ruling, others will argue it’s a necessary stand against a system that too often lets powerful figures skate by.

Whether through an appeal or new charges, the DOJ’s determination to press forward signals that this legal battle is far from over, and conservatives hoping to see accountability will be watching closely—perhaps with a mix of hope and healthy skepticism about government overreach.


About Maria Reese Paul

Maria is a staff writer covering conservative politics, policy, and culture with a focus on Washington’s most pressing debates for Heritage Review. She is Passionate about amplifying voices often overlooked in mainstream media.

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