NORFOLK, Va. (AP) — The Justice Department failed Thursday to secure a new indictment against New York Attorney General Letitia James after a judge dismissed the previous mortgage fraud prosecution encouraged by President Donald Trump, according to a person familiar with the matter.

Prosecutors went back to a grand jury in Virginia after a judge’s ruling halting the prosecution of James and another longtime Trump foe, former FBI Director James Comey, on the grounds that the U.S. attorney who presented the cases was illegally appointed.

The Justice Department could go back to the grand jury to try again. The person spoke on the condition of anonymity because they were not authorized to discuss the matter.

James was initially charged in October by the U.S. attorney installed by the Trump

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