Justice Department weighs charging James Comey again, without Lindsey Halligan as main prosecutor

The DOJ has not appealed a judge's dismissal of the cases against the former FBI director and New York Attorney General Letitia James.

WASHINGTON — More than a week after a federal judge tossed the Trump administration's cases against two of the president's top political foes, the Justice Department is weighing whether to re-indict former FBI Director James Comey and New York Attorney General Letitia James.

And the Justice Department is considering taking that step without the legal complications caused by the previous "unlawful" actions of Lindsey Halligan as the purported top federal prosecutor in the Eastern District of Virginia.

Attorney General Pam Bondi said on Nov. 24 that the Justice Department would file an "immediate appeal" of a federal judge's order dismissing the cases against Comey and James. But prosecutors have yet to do so.

A source familiar with the deliberations said Tuesday that the department is considering seeking new, untainted indictments instead of pursuing the appeals. CNN and Reuters previously reported on the deliberations.

A Justice Department representative declined to comment.