Trump's Department of Justice Seeking New Grand Jury to Indict Comey Again Despite Statute of Limitations Expired

The U.S. Department of Justice is making another attempt to indict former FBI Director James Comey following the dismissal of the previous case, according to reports from MS NOW. In the earlier prosecution, Comey pleaded not guilty to two charges: providing false statements to Congress and obstructing a congressional proceeding.

The initial prosecution faced widespread criticism, including from conservative commentators, who viewed it as politically motivated and legally weak. Concerns were raised over numerous procedural errors in the documents submitted by Lindsey Halligan, the U.S. Attorney for the Eastern District of Virginia and a recent appointee of President Donald Trump.

U.S. District Court Judge Cameron McGowan Currie of the District of South Carolina, appointed by President Clinton, dismissed the previous case last month. Currie cited that the full grand jury never reviewed the complete indictment and that Halligan had been improperly appointed as the sole prosecutor presenting the case. Although the dismissal was without prejudice, the judge highlighted that the statute of limitations expired on September 30, leaving no clear legal basis to extend it.

MS NOW anchor Ana Cabrera discussed the development with justice and intelligence reporter Ken Dilanian. According to a source familiar with the matter, the DOJ is moving swiftly to convene a new grand jury in hopes of pursuing another indictment. The grand jury in the Eastern District of Virginia was scheduled to meet on Tuesday, raising the possibility that new legal actions could occur quickly, although immediate action was deemed unlikely.

Dilanian noted that no career prosecutors in the Eastern District were willing to take on either of the cases. Consequently, the DOJ recruited attorneys from other states, including Missouri and North Carolina, to handle these controversial prosecutions. Legal analysts widely consider the cases to have little merit and thin evidence.

Attempting to present the case to a new grand jury is seen as a high-risk move, as a refusal to indict could further embarrass the Justice Department. Nevertheless, it is viewed as a faster option than appealing Halligans appointment, which could take many months for a decision.

Regarding the statute of limitations, Dilanian explained that Comeys legal team argues the case cannot be re-indicted, claiming the original indictment was invalid due to grand jury misconduct. However, the court has left the possibility open for the DOJ to pursue a new indictment, meaning the issue will need to be resolved through further litigation.

Author: Caleb Jennings