Judge questions timing of Comey’s bid to dismiss criminal case
McFadden, a Trump appointee, did not rule after a 90-minute hearing on Comey’s request to dismiss the Justice Department’s latest case against the former FBI director. He questioned whether deciding the dispute now would be pointless if prosecutors later obtained an indictment based on additional evidence. Comey’s lawyer argued that waiting would deny him the protection of the law’s filing deadline.
The Justice Department filed a charge called an information on October 5, the final day of a 10-year deadline tied to a 2016 New York Times story. Prosecutors allege Comey authorized staff to share classified information connected to the story. Comey maintains his innocence. His lawyers argue the law extending the deadline refers only to an indictment, while prosecutors say the information was a valid way to meet it.
McFadden also warned prosecutors he would be extremely frustrated by a predawn arrest of Comey. A prosecutor said that would not happen. Comey’s attorneys have said FBI agents were outside his home several times recently without explanation. Prosecutors agreed on October 9 to wait 30 days before seeking an indictment. McFadden did not block them from going to a grand jury, and it remains unclear whether he will rule before that pause ends. Federal rules generally require an indictment for a felony trial unless the accused waives that right; Comey has not done so.
Judge questions deadline maneuver in Trump-era case against Comey
The Justice Department’s case against former FBI Director James Comey now faces scrutiny over both its deadline strategy and the prospect of an arrest. At an October 30 hearing, Trump-appointed Judge Trevor McFadden questioned why he should postpone ruling on Comey’s dismissal request while prosecutors pursue a possible grand jury indictment. Comey’s lawyer said deferring a decision would strip him of the deadline protection he is entitled to.
Prosecutors filed an information on October 5, the last day of a 10-year period tied to a 2016 story about classified information. They say Comey authorized staff to share the material; Comey maintains his innocence. The law extending the deadline mentions an indictment, Comey’s attorneys argue. The Justice Department says its filing is a recognized practice. Federal rules generally require an indictment for a felony trial unless the defendant waives that right, and Comey has not.
McFadden also warned that he would be extremely frustrated if Comey were taken in during a predawn raid. A prosecutor assured him that would not happen. Prosecutors agreed on October 9 to refrain from requesting an indictment for 30 days, but the judge has not barred them from going to a grand jury. The dispute leaves a consequential question: whether a last-day filing that prosecutors themselves signed can preserve a case when the extended deadline specifies an indictment.
Comey case raises questions about judge’s role before grand jury review
A federal judge is weighing whether James Comey’s challenge to the Justice Department’s case should be decided before prosecutors take the matter to a grand jury. At an October 30 hearing, Trump-appointed Judge Trevor McFadden asked whether ruling now would be futile if jurors later returned an indictment. Prosecutors contend he cannot decide the challenge until that happens; it remains unclear whether he accepts their position.
The department filed an information against Comey on October 5, the last day of a 10-year deadline connected to a 2016 New York Times story. Prosecutors allege Comey authorized staff to share classified information, while Comey maintains his innocence. His lawyers say the law extending the deadline calls for an indictment, not an information, and argue that letting prosecutors wait would undercut the protection the deadline provides. The Justice Department describes its filing method as widely recognized. Comey has not waived his right to a grand jury indictment before a felony trial.
McFadden also said he would be extremely frustrated by a predawn arrest of Comey, and a prosecutor assured him it would not happen. Prosecutors agreed on October 9 to wait 30 days before asking a grand jury to indict, but McFadden did not prevent them from proceeding. The case now turns on the judge’s interpretation of the deadline and whether he rules before that pause expires.
Reported by The Washington Examiner, Raw Story.
