Judge weighs whether flimsy placeholder charges against former FBI Director James Comey can keep a case alive
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U.S. District Judge Trevor McFadden will decide whether the information-based charges against James Comey can stand while the Justice Department pushes ahead with a grand jury indictment, amid concerns over aggressive prosecutorial tactics and a widening inquiry into alleged media leaks.
U.S. District Judge Trevor McFadden is set to determine whether the placeholder charges filed against former FBI Director James Comey can survive while prosecutors keep pressing for a grand jury indictment in Washington, D.C. During a Friday hearing, Justice Department attorneys said they have collected additional evidence tied to alleged leaks of sensitive information to the media in 2016 and are now considering new charges covering conduct through April 2017, a move that could affect the statute-of-limitations deadline under the Espionage Act.
The original charges, filed in early October as an information, were never approved by a judge or grand jury and therefore cannot be used to move the case forward on their own. Comey’s lawyers argued that the law does not allow an information to stop the statute-of-limitations clock, rejecting the government’s attempt to stretch procedure beyond its limits. The Justice Department countered that an indictment can be understood more broadly as any formal charging act, not solely a grand jury return.
McFadden repeatedly asked Comey’s counsel why the court should not simply wait for a grand jury indictment instead of letting the government rely on a questionable stopgap filing. Comey’s attorney noted that FBI agents have been stationed outside the former director’s home, describing the ongoing legal pressure as hanging over him and adding to the sense of intimidation.
The judge warned prosecutors that any dawn raid on Comey’s residence would be unacceptable. He also remarked that the case presents at least one novel issue, leaving the decision on whether to issue a ruling pending the department’s next steps.