Prosecutors seek to extend clock on James Comey leak charges
The Justice Department asks a federal judge to allow placeholder charges to stand while it pursues a grand jury indictment for alleged 2016 media leaks.
By Bianca Herrera ·
The central legal dispute in the case against former FBI Director James Comey centers on whether prosecutors can use a procedural tool to pause the statute of limitations. The Justice Department filed charges in early October via an information, a method that bypasses both a judge and a grand jury. This filing creates a conflict between the department's desire to keep the case alive and the defense's argument that the underlying Espionage Act requires a formal indictment.
The Espionage Act imposes a 10-year deadline for bringing such charges. The current charges relate to alleged leaks in 2016, meaning the deadline expires in 2026. By filing the information, prosecutors aim to hold the deadline open. However, DOJ attorneys stated at a hearing on Friday that they are gathering additional evidence to secure a grand jury indictment. They noted that the new evidence covers alleged crimes extending through April 2017, which would further extend the limitations period.
District Judge Trevor McFadden presided over the hearing. He noted that two previous investigations into these same alleged leaks failed to result in charges. The first was led by Connecticut U.S. Attorney John Durham in 2018. A second investigation also occurred during the first Trump administration without resulting in prosecution. Despite these prior outcomes, DOJ lawyers claimed they have received new information since Durham's review.
Comey's attorneys argued that the law does not permit using an information solely to pause the statute of limitations. They told McFadden that the case is already impacting Comey's daily life. "FBI agents have been placed outside of Mr. Comey's home," his lawyer said, describing the situation as "hanging over" his head. The defense urged the judge to wait for the government to seek a formal indictment rather than ruling on the placeholder charges immediately.
McFadden questioned the defense on why he should not delay his decision until the Justice Department attempts to secure a grand jury verdict. He warned prosecutors against making sudden moves, saying, "I will be extremely frustrated if there's some dawn raid" on Comey's home. Prosecutors promised no such action would occur. The judge acknowledged the case presents a "novel issue" but stated it is the department's choice to pursue a grand jury before he issues a ruling.
The current legal environment for federal indictments in Washington, D.C., presents additional hurdles for the government. Grand juries in the district have declined to charge cases repeatedly during the second Trump administration. Earlier this week, a grand jury voted against bringing charges against former White House aide Cassidy Hutchinson. McFadden commented on this trend, noting, "Ham sandwiches are hard to indict these day."
