Federal prosecutors are preparing to seek a new indictment of New York Attorney General Letitia James, MSNOW reported, citing multiple sources familiar with the plans. The move comes after a federal judge dismissed earlier criminal charges against James and former FBI Director James Comey last week.
The news outlet reports that Assistant U.S. Attorney Roger Keller, normally based in Missouri, is expected to present the case to a grand jury in Norfolk, Virginia.
Download the SAN app today to stay up-to-date with Unbiased. Straight Facts™.
Point phone camera here
Judge dismissed first indictments, but left the door open
U.S. District Judge Cameron McGowan Currie ruled last week that the original indictments were invalid because Lindsey Halligan, who brought the charges as acting U.S. attorney for the Eastern District of Virginia, was not lawfully appointed and therefore had no authority to prosecute in federal court.
Currie dismissed the cases without prejudice, meaning the Justice Department can attempt to re-indict.
James and Comey’s prosecutions have faced significant factual and procedural problems from the outset. Career prosecutors in the Eastern District of Virginia had concluded there was not enough evidence to pursue charges. Meanwhile, President Donald Trump pushed the department to move forward against two of his most vocal critics.
This story is featured in today’s Unbiased Updates. Watch the full episode here.
Internal DOJ debate on how to proceed
The Justice Department has not yet filed the appeal that the White House announced on Nov. 24. Instead, senior DOJ leaders have spent days debating strategy and have now determined they must seek new indictments for both James and Comey.
Currie’s ruling, MSNOW notes, flagged a potential statute-of-limitations problem that could complicate any attempt to re-indict Comey.
