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The Department of Justice failed to bring an indictment against Letitia James on Thursday after a federal judge tossed out the initial indictment last week, according to a source familiar.
The DOJ attempted to persuade a grand jury in the Eastern District of Virginia to indict James a second time, the source said, after Judge Cameron Currie found that the prosecutor who brought the first indictment, Lindsey Halligan, was serving unlawfully as interim U.S. attorney.
The revelation that a grand jury did not indict James, one of Trump’s top political foes, is a blow to the DOJ as it is rare that grand juries do not find enough probable cause to bring charges.
FEDERAL JUDGE DISMISSES JAMES COMEY, LETITIA JAMES INDICTMENTS
New York Attorney General Letitia James speaks during a press conference in New York City on Nov. 6, 2024, discussing the impact of Donald Trump’s reelection as president. (Lev Radin/Pacific Press/LightRocket via Getty Images)
It is possible the DOJ could attempt to bring charges again. Fox News is told that prosecutors intend to continue the effort to re-indict James.
“I’d say don’t celebrate just yet,” one source said.
The attempt to re-indict the state attorney general also marks a shift for the DOJ after Attorney General Pam Bondi and White House press secretary Karoline Leavitt vowed to immediately appeal the judge’s finding that Halligan was an invalid appointee and that James’ indictment was therefore also invalid.
Lindsey Halligan speaks with a reporter outside of the White House, Wednesday, Aug. 20, 2025, in Washington. (Jacquelyn Martin/AP)
James was previously charged with bank fraud in Norfolk, Virginia. She pleaded not guilty and had argued the charges should be tossed out on numerous grounds.
Fox News Digital reached out to the DOJ and James’ attorney for comment.
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