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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 t

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