What "Without Prejudice" Means in Legal Context
On November 24, 2025, a federal judge dismissed the indictments against former FBI Director James B. Comey and New York Attorney General Letitia James. The dismissal was done "without prejudice," a legal phrase indicating that the charges can be refiled in the future.
Explanation of "Without Prejudice"
In legal terms, "without prejudice" means that the dismissal is not a permanent bar to prosecution. The government or plaintiff retains the right to bring the same charges again later if they choose to do so. It differs from a dismissal "with prejudice," which prevents the case from being reopened or refiled.
Implications for Comey and James
For Comey and James, the charges disappearing "without prejudice" means:
- The current dismissal does not imply innocence or acquittal.
- Prosecutors may review the case and potentially refile charges.
- The defendants remain subject to renewed legal action on the same matters.
"Without prejudice means the door is open for charges to be brought again," legal experts explained.
Legal Strategy and Usage
Dismissals without prejudice are often used when further investigation is needed, procedural mistakes occurred, or the prosecution needs more time to strengthen the case. It protects the defendant from immediate trial but not from eventual prosecution.
This distinction clarifies that the dismissed charges against Comey and James do not end the legal process, but temporarily pause it, reserving the possibility of future action.
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