DOJ appeals dismissal of James, Comey criminal cases in long-shot legal gamble

The Justice Department tried and failed to secure charge against Comey and James for a second time, prompting the appeal.

Former FBI Director James Comey's old notes are coming back to haunt him. (Jonathan Ernst/Reuters)

Attorney General Pam Bondi vowed then to "immediately" appeal the decision, and FBI Director Kash Patel said the FBI and Justice Department are exploring other options to keep the case against Comey alive.

James was charged with two counts of bank fraud and making false statements to a financial institution during her 2020 purchase of a home in Norfolk, Virginia. 

Comey was charged with making false statements to Congress and for obstruction related to his testimony in September 2020. 

Currie dismissed Comey's case and James' case "without prejudice" – a detail that left the door open for the government to secure new indictments.

Prosecutors ultimately attempted, without success, to re-indict both Comey and James, prompting new questions about the strength of the case.

Federal prosecutors twice tried and failed to secure a new indictment against James from grand juries in Norfolk and then in Alexandria. Neither effort was successful.

RAIGNED IN VIRGINIA ON FEDERAL BANK FRAUD CHARGES TIED TO 2020 HOME PURCHASE

New York Attorney General Letitia James hosts a town hall at SUNY Westchester Community College in 2025. (Spencer Platt/Getty Images)

 CLICK HERE TO GET THE FOX NEWS APP 

The Justice Department notified the lower court Monday that it had filed both requests to the Richmond-based U.S. Court of Appeals for the Fourth Circuit. 

Breanne Deppisch is a national politics reporter for Fox News Digital covering the Trump administration, with a focus on the Justice Department, FBI and other national news. She previously covered national politics at the Washington Examiner and The Washington Post, with additional bylines in Politico Magazine, the Colorado Gazette and others. You can send tips to Breanne at Breanne.Deppisch@fox.com, or follow her on X at @breanne_dep.

https://www.foxnews.com/politics/doj-appeals-dismissal-james-comey-criminal-cases-long-shot-legal-gamble