The Justice Department is reportedly weighing whether to bring new indictments against former FBI Director James Comey and New York Attorney General Letitia James, which would mark a shift in strategy after a federal judge threw out both prosecutions on the grounds that interim U.S. Attorney Lindsey Halligan lacked lawful authority to bring them.

Officials are now considering bypassing an immediate appeal and instead returning both cases to grand juries in Virginia, according to multiple reports. The absence of any appeal filing, which requires only a one-page notice, has fueled expectations that the DOJ is preparing to refile the cases rather than attempt to rescue Halligan’s appointment before the U.S. Court of Appeals for the 4th Circuit.