Topline
After a federal judge dismissed the Trump administration’s criminal charges against former FBI Director James Comey on Monday, speculation grew over whether the government could try a second time to indict the longtime Trump critic—though it’s unclear whether that will be allowed under rules around the statute of limitations.
Former FBI Director James Comey appears on “Meet the Press” in Washington, D.C., on April 29, 2018.
NBCU Photo Bank/NBCUniversal via Getty Images
Key Facts
Prosecutors could face challenges trying to re-indict Comey, whose criminal charges were dismissed Monday — along with those facing New York Attorney General Letitia James —after U.S. District Judge Cameron McGowan Currie ruled U.S. Attorney Lindsey Halligan was unlawfully appointed.
The charges against Comey were based on comments he made to Congress in 2020, and the statute of limitations on that testimony expired Sept. 30.
Federal law typically allows prosecutors to bring a new indictment after a case is dismissed even despite the statute of limitations, saying prosecutors can bring new charges within “six calendar months” of the date the indictment was dismissed, or 60 days after the appeals process ends.
But Currie suggested that might not apply here because the indictment was invalid from the beginning—since Halligan wasn’t lawfully appointed—writing in a footnote to her opinion, “An invalid indictment … cannot serve to block the door of limitations as it swings closed.”
The judge’s comments aren’t binding, however, so the Trump administration could still try to bring an indictment again and see how the issue plays out in court.
What To Watch For
The Trump administration has said it plans to appeal Currie’s ruling, with White House Press Secretary Karoline Leavitt maintaining in comments to reporters Monday that Halligan was validly appointed. The issue would next go to the Fourth Circuit Court of Appeals, and, after that, potentially to the Supreme Court. The 60-day clock on bringing another indictment against Comey would start the date “the dismissal of the indictment … becomes final,” meaning the date that a higher court either declines to take up the case or agrees that it should be dismissed. The Trump administration can bring charges against James again without being subject to the same time restrictions, since the statute of limitations hadn’t yet expired in her case.
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Source: https://www.forbes.com/sites/alisondurkee/2025/11/25/can-trump-administration-indict-james-comey-again-what-to-know-after-charges-thrown-out/
