A federal judge in Washington, D.C., on Friday put off a decision on whether to dismiss a criminal information filed against former FBI Director James Comey. The delay gives the Justice Department time to seek an indictment over allegations tied to a 2016 news media leak.
U.S. District Judge Trevor McFadden said a grand jury indictment was not guaranteed in the capital, where grand juries have repeatedly rejected prosecutors’ requests in politically sensitive cases. He also said he would be “extremely frustrated” by a dawn raid to arrest Comey before any indictment, a concern raised by defense attorneys. A prosecutor said that won’t happen.
Comey’s lawyers argued the Justice Department missed the 10-year statute of limitations because it did not secure an indictment in time. They called the filing, known as a waiverless criminal information, invalid. Prosecutors countered that the filing was meant to extend the deadline, and said a grand jury is currently hearing evidence.
The case is Comey’s third criminal matter. A separate pending case accuses him of threatening Trump through a seashell photo, and his earlier case over alleged lying to Congress was dismissed after a judge found the prosecutor had been illegally appointed. Comey says he is innocent.
The latest allegation involves an October 2016 New York Times story about a secret court order requiring Yahoo to scan emails. Prosecutors said investigators found evidence Comey directed staff to speak with a reporter, which they say illegally transferred classified information. Comey’s attorneys said a 2018 classified memo from prosecutor John Durham recommended no charges.
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