James Comey Attorneys Urge Federal Judge to Dismiss DOJ Prosecution
Attorneys for former FBI Director James Comey pressed a federal judge to throw out a new criminal information, arguing that the government missed legal deadlines.
At a glance
- Lawyers for former FBI Director James Comey appeared in federal court to seek the dismissal of a recent Justice Department criminal information.
- Defense counsel argued that the government failed to act within the applicable statute of limitations.
- Prosecutors defended the filing as a necessary step to preserve the case while pursuing a grand jury indictment.
- U.S. District Judge Trevor McFadden did not issue an immediate ruling during Friday's hearing.
Attorneys representing former Federal Bureau of Investigation Director James Comey returned to a federal courtroom on Friday to contest a new prosecution effort by the Justice Department. Defense counsel urged U.S. District Judge Trevor McFadden to dismiss a criminal information filed earlier in the month, contending that prosecutors missed legal deadlines.
The Justice Department is pursuing a third attempt to charge Comey under the Espionage Act, alleging he leaked national defense information connected to a 2016 media report. Rather than seeking a standard grand jury indictment, prosecutors filed a criminal information to preserve the case before a 10-year statute of limitations expired in October.
Ephraim McDowell, representing Comey, told the court that the government's interpretation of the relevant statutes was flawed and that the prosecution is time-barred. McDowell argued that the Justice Department allowed the initial five-year limit to pass before relying on a separate 10-year deadline on the final possible day.
Dustin Farahnak, a Justice Department attorney, countered that the filing successfully paused the clock while the investigation continues. Farahnak disclosed to the court that ongoing inquiries have revealed new evidence of additional acts occurring after October 5, 2016, and stated that prosecutors are actively working toward a grand jury indictment.
Judge McFadden expressed skepticism regarding whether an immediate ruling on the dismissal motion was appropriate, noting that prosecutors could soon return with an indictment. The judge ultimately took the matter under advisement without issuing an immediate decision, while cautioning against surprise law enforcement actions.
What it means
This legal battle underscores the high-stakes friction between the Justice Department and a prominent former intelligence official who has faced multiple criminal filings over the past year. The defense strategy relies heavily on procedural safeguards, specifically challenging the timeline and methods prosecutors used to bypass a traditional grand jury indictment.
For the judiciary, the case presents complex questions regarding the interpretation of statutory deadlines and the procedural propriety of filing a criminal information under these circumstances. While prosecutors seek to keep the case alive through newly uncovered evidence, the defense maintains that allowing the prosecution to proceed sets an unfair precedent.
Background
James Comey served as the director of the FBI from 2013 until his dismissal in 2017. In recent years, he has faced various federal charges and legal challenges brought by the Justice Department, which his legal team has consistently characterized as politically motivated.
What happens next
Judge Trevor McFadden did not issue a ruling during Friday's hearing and will decide whether to dismiss the criminal information at a later date, while prosecutors continue to pursue a grand jury indictment.
Reporting from: CBS News. Spotted an error? Tell us.
- James Comey
- Justice Department
- Trevor McFadden
- Espionage Act
- federal courts
- United States
- Politics