The bungled vindictive indictment of Jim Comey, former FBI Director and former USA in the SDNY, was dismissed without prejudice for serious irregularities in the now political DOJ’s prosecution. The manner of the dismissal allows for a re indictment, if the statute of limitations issue can be resolved and prosecutors can convince a grand jury to proceed. Will the DOJ succeed in getting an indictment against James Comey by the end of March 2026?

Resolution criteria

The indictment was dismissed "without prejudice," meaning it could be brought again later. This market resolves YES if the DOJ obtains a grand jury indictment against James Comey before March 31, 2026. Resolution will be determined by official court filings and news reports from reputable sources documenting a new indictment. The market resolves NO if no new indictment is obtained by the deadline.

Background

A federal judge dismissed the criminal indictments against former FBI Director James Comey on November 24, 2025, finding the prosecutor who brought the case, Lindsey Halligan, was not lawfully appointed. Comey's attorney argued that the case can't be refiled because the five-year statute of limitations has expired since the indictment was brought, with the ruling "indicating that because the indictment is void, the statute of limitations has run and there can be no further indictment." However, the Justice Department has argued it believes the case could still move forward under U.S. Code 3288, which states "a new indictment may be returned in the appropriate jurisdiction within six calendar months of the date of the dismissal of the indictment or information." The DOJ could present a new indictment against Comey to a grand jury as soon as early December 2025.

Considerations

The Justice Department appears to believe it might still revive the case under another law that could allow several months to charge the case again, essentially elongating the statute of limitations for Comey into spring 2026. However, the judge suggested that a "void" indictment would mean that the second-chance trigger could not occur and that the clock has run out on DOJ's chance to indict Comey on the false statements and obstruction charges. A DC District Court judge temporarily blocked the Justice Department's access to evidence collected from Comey's friend's personal computer, as the government had not had a warrant for the search, and the unconstitutionally gathered evidence could not be used in a new indictment.