Monday, November 24, 2025

Dismissed without prejudice

Trump cannot appeal the James and Comey dismissal.

The DOJ can properly assign a prosecutor to file, but, in the Comey case the statute of limitations has passed. Comey won’t have this problem again. I am less certain about the James case, but, the DOJ must assign the prosecutor and refile charges. Double jeopardy comes to mind as a defeat of Trump the second time around.