Grand jury declines to re-indict Letitia James in Virginia

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The Department of Justice failed to bring an indictment against Letitia James on Thursday after a federal judge tossed the initial indictment last week, according to a DOJ source.

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 President Donald 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.

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.

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New York Attorney General Letitia James speaks during a press conference in New York City Nov. 6, 2024, discussing the impact of Donald Trump’s re-election as president. (Lev Radin/Pacific Press/LightRocket via Getty Images)

"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.

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Lindsey Halligan speaks with a reporter outside the White House Aug. 20, 2025, in Washington. (Jacquelyn Martin/AP)

James' attorney, Abbe Lowell, said the grand jury's refusal to re-indict James was a "decisive rejection" of a case he said should have never even existed.

"A federal court threw this case out after President Trump illegally installed a U.S. Attorney to file baseless charges against Attorney General James that career prosecutors refused to bring," Lowell said in a statement to Fox News. "This should be the end of this case. If they continue, undeterred by a court ruling and a grand jury’s rejection of the charges, it will be a shocking assault on the rule of law and a devastating blow to the integrity of our justice system."  

James was previously charged with bank fraud in Norfolk, Virginia. She pleaded not guilty and had argued the charges should be dismissed on numerous grounds.

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Fox News Digital reached out to the DOJ for comment.