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Judge weighs tossing third Justice Department case against James Comey
A federal judge in Washington heard arguments Friday on whether to throw out the Justice Department’s leak case against former FBI Director James Comey, the third criminal case brought against him, and put off a decision.
On Friday, a federal judge in Washington weighed whether to dismiss the Justice Department’s leak case against former FBI Director James Comey, the third criminal case the department has brought against him.
U.S. District Judge Trevor McFadden, a Trump appointee, heard arguments over the government’s decision earlier this month to bypass a grand jury and file a charging document known as a criminal information. Prosecutors said the move was meant to extend the legal deadline for seeking an indictment, while Comey’s lawyers called the case legally invalid. The judge put off a decision as prosecutors pursued a new indictment, U.S. News & World Report reported.
The case concerns an October 2016 New York Times story about a secret court order that required Yahoo to scan emails for messages potentially linked to a foreign terrorist organization. According to Comey’s lawyers, prosecutor John Durham investigated the disclosure and recommended no charges in a classified memo in 2018, and a second investigation in Washington was closed without charges in 2020.
An earlier case accusing Comey of lying to Congress was dismissed after a judge found that the prosecutor who brought it had been unlawfully appointed. A separate pending indictment charges him with threatening Trump through an image of seashells arranged as “86 47.” Comey says he is innocent.
Comey, whom Trump fired early in his first term, has been one of the president’s most outspoken critics. The latest prosecution comes days before the Nov. 3 midterm elections.
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