Gene Rossi Quoted in Politico: “DOJ Deciding Whether to Seek New Comey, James Indictments”

Gene Rossi was quoted in a Politico article titled “DOJ Deciding Whether to Seek New Comey, James Indictments.” The article explores the possibility that the Justice Department may pursue new indictments against former FBI Director James Comey and New York Attorney General Letitia James, coming a week after a federal judge dismissed both cases.

“For Attorney General James, there’s no problem re-indicting here,” said Rossi. “For Comey, there’s no hook. … For the Comey case, I think it’s gone.”

Prosecutors have argued that federal law grants the government an extension of six months or more when an indictment is dismissed, but Comey’s attorneys dispute that interpretation. Although the judge who threw out the cases appeared to side with Comey’s defense on that issue, it wasn’t central to her ruling. Rossi said he doesn’t think prosecutors are entitled to the extension when the original indictment wasn’t valid to begin with.

“Whatever document came from that grand jury was meaningless,” Rossi said. “You can’t supersede something that doesn’t exist. If there’s no time left in the statute of limitations, they’re out of luck when it comes to Comey. … If they go that route and try to supersede or refile the indictment against Comey, they’re going to lose.”

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