Trump designated TdA as an Foreign Terrorist Organization for the first time in U.S. history in February and directed the Department of Justice and other federal agencies to eradicate it from the U.S.
James was indicted by an Alexandria-based grand jury in October, but that was later thrown out when a judge ruled that the lead prosecutor, Lindsey Halligan, had been illegally appointed.
Federal prosecutors have already charged dozens of individuals in the state with stealing more than $240 million from the Federal Child Nutrition Program through the Minnesota-based nonprofit Feeding Our Future.
This month, multiple indictments were unsealed, including charging terrorism against more than 70 TdA members in Colorado, Nebraska, New Mexico, New York and Texas
James led a civil fraud case against President Donald Trump in 2024 over his real estate dealings.
The letter to chief federal judge in Miami is an extraordinary injection by Brennan's defense team and likely signals his lawyers fear an indictment is imminent.
Grand jury indicted nine North Texas Antifa Cell operatives on charges of providing material support to terrorists in the July 4 attack on ICE facility.
The actual transcript from a September 25 discussion between the magistrate judge, the DOJ, and the grand jury foreperson lends credence to Lindsey Halligan's contention that the two-count indictment against James Comey was properly obtained.
The decision comes after a federal judge dismissed the initial case against James last month because the federal prosecutor who brought the case was not lawfully appointed.
Cheeley was indicted in 2023.