IT’S NOT OVER: DOJ floats fresh indictments against Comey, James instead of appealing dismissals

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From Fox NewsIn the wake of a federal judge’s moves last month to dismiss separate indictments against former FBI Director James Comey and New York Attorney General Letitia James, the Department of Justice is considering possibly pursuing new indictments against the two figures, according to Politico.

The outlet reported that two individuals familiar with the cases indicated that the DOJ is seriously thinking about refraining from appealing the dismissals and is instead seeking new indictments against Comey and James.

Last week, senior U.S. District Judge Cameron McGowan Currie dismissed indictments against Comey and James, asserting that the appointment of Lindsey Halligan as interim U.S. attorney violated the law and Constitution.

In Comey’s and James’ separate cases, the judge wrote that “because Ms. Halligan had no lawful authority to present the indictment, I will… dismiss the indictment without prejudice.”


Reacting to a CNN report about the possible new indictments, podcaster Benny Johnson wrote, “To James Comey and Letitia James, You celebrated too early. The DOJ is expected to present new indictments this week. No one is above the law.”

Law professor Jonathan Turley commented on the report, writing, “..The Administration can seek to reissue the indictment with a duly commissioned prosecutor. Many judges are likely to find the use of these special prosecutors as barred by statute. A return to a grand jury in Virginia may be the only viable option.”

“…The Administration appears to agree that best course is to go back to the grand jury as previously discussed,” he added.

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