After a federal judge dismissed the case against former FBI Director James Comey, Kash Patel has responded, saying, “We’re not done.” He hinted that further actions will be taken by the Department of Justice and the FBI soon.
On Nov. 24, the criminal case against James Comey was dismissed by Judge Cameron McGowan Currie, citing prosecutor Lindsey Halligan’s illegal appointment. But during a recent interview with Epoch Times senior editor Jan Jekielek, Patel suggested that the case might be reopened.
Because it’s pending in terms of appellate status and what we are going to do for the next steps, the judicial process can make whatever determination it wants. But we, the FBI and our partners at the DOJ, have numerous options to proceed, and we’re executing on all those options. So, we’re not done.
When asked for any details on the FBI’s next steps, he said, “I would say stay tuned for right after Thanksgiving, and you’ll see multiple responses in my opinion.”
What is the James Comey case
The case against James Comey has long been perceived as politically motivated after he feuded with President Donald Trump.
Throughout 2016 and into early 2017, Comey was overseeing investigations into alleged Russian interference in the 2016 election, upsetting Trump. This led to his abrupt firing in May 2017 and subsequent indictment. (via The Guardian)
James Comey was indicted by a federal grand jury on two felony counts of making false statements to Congress and obstruction of a congressional proceeding in September 2025. However, Comey pleaded not guilty and maintains his innocence. His attorney alleged that Trump influenced his indictment, since he has been his “vocal and prominent critic.”
Trump’s personal interest in the case was proved when he installed Lindsey Halligan as the interim U.S. Attorney for the Eastern District of Virginia to prosecute Comey. However, Judge Currie declared that “Halligan had no lawful authority to present the indictment” and dismissed the case.
What can the government do now?
Since Comey’s case was dismissed without prejudice, the FBI and the DOJ can legally move for a new indictment under proper authority. However, the statute of limitations for charges against him is probably weeks away from expiring, making re-charging unlikely.
For both charges against Comey, the statute of limitations is five years. And his alleged false statements were from his 2020 congressional testimony, making 2025 the expiration date. The government also cannot re-indict Comey under a different statute for the same actions. The law also bars them from charging him with new crimes based on the same testimony.
So, the government would need to pursue a different misconduct by Comey, not tied to his 2020 testimony.
