A federal judge delayed a ruling on whether to dismiss a criminal information against former FBI Director James Comey, while the Justice Department said it is pursuing a grand jury indictment. The filing remains an allegation, and the court has not resolved the underlying legal challenge.
U.S. District Judge Trevor McFadden postponed a decision on a request to dismiss the Justice Department’s criminal information against Comey, according to Associated Press reporting from Friday’s hearing. Prosecutors said they were presenting evidence to a grand jury as they seek an indictment over allegations tied to a 2016 news media disclosure. The AP reported that the judge said an indictment was not assured, while a prosecutor said a surprise arrest before an indictment would not occur.
The Justice Department alleges that Comey improperly transmitted national defense information connected to a 2016 New York Times article. Comey disputes the government’s position, and his lawyers have argued that the use of a criminal information, rather than a grand jury indictment, makes the case legally defective. Reuters and CBS News both reported earlier this week that the dispute includes questions about the statute of limitations and the government’s route to bringing charges.
The practical result of Friday’s hearing is procedural, not a finding on guilt or innocence. The judge has not decided whether the existing filing should be dismissed, and no new indictment was announced during the hearing. Readers should distinguish the government’s allegations from facts established in court.
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