Judge Gives DOJ More Time to Pursue Comey Indictment
U.S. District Judge Trevor McFadden delayed deciding whether the case against former FBI Director James Comey should be dismissed. The Justice Department filed its criminal information without a grand jury indictment, arguing the move preserved its ability to pursue charges before the 10-year statute of limitations expired. Comey’s lawyers say the filing is legally invalid and that the deadline has passed.
The accusation relates to a New York Times article from October 2016 about a secret court order requiring Yahoo to scan emails for communications potentially linked to a foreign terrorist organization. Prosecutors say Comey directed FBI staff to contact a Times journalist to correct inaccuracies in a Reuters story, thereby transferring classified information unlawfully. Comey maintains his innocence. His lawyers say two earlier investigations of the disclosure ended without charges; one investigator recommended against prosecution.
Prosecutor Dustin Farahnak told the judge it was too early to rule while a grand jury investigation continues. McFadden agreed to wait, while cautioning that an indictment was not guaranteed and expressing concern about Comey being arrested before one was obtained. Farahnak said that would not happen.
The case is the third federal prosecution brought against Comey in about 13 months. A Virginia case over his congressional testimony was dismissed after a judge found the prosecutor had been improperly appointed. A separate North Carolina case, based on an Instagram photo of seashells arranged as “86 47,” remains pending; its trial has been postponed until 2027.
DOJ’s Comey Case Remains on Hold as Judge Weighs Its Legality
The Justice Department’s latest case against James Comey remains unresolved after U.S. District Judge Trevor McFadden declined to dismiss it immediately. Prosecutors bypassed a grand jury with a criminal information, which Comey’s lawyers argue cannot keep a time-barred case alive. The judge’s decision leaves Comey facing the prospect of prosecution while the grand jury process continues.
The case concerns an alleged 2016 disclosure to a New York Times reporter about a secret court order requiring Yahoo to scan emails. Prosecutors say Comey directed staff to correct inaccuracies in a Reuters story and unlawfully transferred classified information. Comey maintains his innocence. His attorneys say previous investigations did not result in charges, and one investigator recommended against prosecution.
Prosecutor Dustin Farahnak said the court should wait while the grand jury investigation proceeds. McFadden agreed, but stressed that an indictment was uncertain and voiced concern about an arrest before prosecutors obtained one. Farahnak assured him that would not happen.
This is the third federal case pursued against Comey in about 13 months. The Virginia case was dismissed because the prosecutor was improperly appointed. A separate North Carolina case based on a seashell photo remains pending, with trial delayed until 2027. The stakes are not just another case against a Trump critic: they include whether prosecutors can use an unusual filing to keep a disputed allegation alive past its ordinary deadline.
Judge Lets Comey Case Proceed While Grand Jury Weighs Charges
A federal judge has given prosecutors room to continue pursuing a case against James Comey while a grand jury investigation remains underway. U.S. District Judge Trevor McFadden declined to rule immediately on Comey’s bid to dismiss the criminal information, which the Justice Department says was filed to preserve its case before the 10-year deadline expired.
Prosecutors allege Comey directed FBI personnel to confer with a New York Times journalist in 2016 to correct a Reuters story, unlawfully transferring classified information. The story concerned a secret court order requiring Yahoo to scan emails for messages potentially connected to a foreign terrorist organization. Comey says he is innocent. His lawyers argue the filing is invalid and the deadline has passed.
Prosecutor Dustin Farahnak said a decision would be premature while grand jurors consider evidence. McFadden agreed to wait, while noting that an indictment is not assured. The judge also raised concern about Comey being arrested before an indictment; Farahnak said that would not happen.
The case marks the Justice Department’s third effort to prosecute Comey in about 13 months. A prior Virginia case was dismissed because its prosecutor was improperly appointed, while a North Carolina case tied to Comey’s seashell Instagram post remains pending. The judge’s pause gives the grand jury process room to run rather than ending the case before prosecutors have completed that step.
Reported by NBC News, CBS News, The Philadelphia Inquirer, KPRC 2 Click2Houston, The Guardian US, CNN, MSNBC, Townhall.
