Judge holds off ruling on Comey bid to toss leak case
A federal judge did not rule Friday on James Comey's request to throw out the Justice Department's latest case against him. Comey's lawyers say the deadline to charge him has passed. Prosecutors say new evidence could give them more time.
A federal judge did not rule right away Friday on former FBI Director James Comey's bid to end his newest case. CBS News, ABC News and the Washington Examiner reported on the hearing.
Prosecutors accuse Comey of leaking national defense information tied to a 2016 New York Times article about Yahoo, CBS News reports. Comey has not been indicted. Instead, prosecutors filed a document called a criminal information on October 5, which does not need a grand jury's approval. The Justice Department said it did this to beat a 10-year deadline.
Comey's lawyer, Ephraim McDowell, argued that the case "is time-barred and must be dismissed," CBS News reports. Comey's team has said he "steadfastly maintains his innocence."
A Justice Department lawyer, Dustin Farahnak, said investigators had found new evidence of more recent acts, the outlets report. ABC News and the Washington Examiner say he pointed to a period around April 2017. ABC News says that could give the government about six more months to seek charges.
Judge Trevor McFadden questioned whether he should rule now. "Why are we doing this if in two weeks we could get an indictment?" he asked, the Washington Examiner reports. He also warned he would be "extremely frustrated" by any "dawn raid" to arrest Comey, CBS News and ABC News report.
This is the third known effort to charge Comey in just over a year, the outlets report. A 2025 case over his testimony to Congress was dismissed. He also faces a separate case in North Carolina over a social media post of seashells reading "86 47," which he took down.
What we know: The judge heard arguments and took Comey's request to dismiss under review.
What we don't: When the judge will rule, or whether a grand jury will indict Comey.
Where outlets agree CBS News, ABC News and the Washington Examiner report the judge did not immediately rule on Comey's request to dismiss.
Where they differ The Washington Examiner describes a roughly 90-minute hearing, while ABC News says arguments lasted nearly two hours.