Attorneys for James Comey return to courtroom to battle DOJ’s efforts to cost him for third time

A federal choose on Friday didn’t instantly rule on a request from attorneys for former FBI Director James Comey to throw out felony allegations put ahead by the Justice Division accusing him of allegedly mishandling categorized data greater than a decade in the past. 

It is the third recognized effort by federal prosecutors to try to deliver prices in opposition to Comey within the span of 13 months, after President Donald Trump issued a public demand for the Justice Division to behave “now” to deliver prosecutions in opposition to Comey and different perceived political foes.

U.S. District Decide Trevor McFadden heard arguments for almost two hours over whether or not the federal government improperly sought to increase the statute of limitations so they may cost Comey by submitting a “felony data” somewhat than an indictment, which requires sign-off from a grand jury. 

At one level within the arguments, the choose addressed the Justice Division’s latest difficulties in convincing grand juries to approve prices in a rising variety of instances, regardless of that beforehand being terribly uncommon. 

“Seems ham sandwiches are more durable to indict today,” Decide McFadden stated, referring to New York Decide Sol Wachtler’s well-known 1985 quote concerning how straightforward indictments are to realize.

It was unclear by the conclusion of the listening to whether or not McFadden would situation a ruling by subsequent Thursday, which might technically be the final day for the federal government to hunt a grand jury indictment in opposition to Comey, till the felony data is dismissed below the Speedy Trial Act. 

However DOJ legal professional Dustin Farahnak stated that, as a part of the federal government’s lively investigation, it has since uncovered proof that could possibly be included within the case as lately as April of 2017 — which, if true, would lengthen the federal government’s means to probably cost Comey for an additional six months. 

Earlier than concluding the listening to McFadden cautioned to the federal government, saying he “can be extraordinarily annoyed if there’s some daybreak raid” to arrest Comey, prompting Farahnak to guarantee him “that will not occur.”

Earlier within the listening to, Comey’s attorneys stated there have been a number of latest situations the place FBI brokers have been parked outdoors Comey’s residence for unexplained causes, elevating the suggestion that he might face arrest at any second. 

The newest allegations in opposition to Comey have been revealed Monday after McFadden ordered particulars of the behind-the-scenes authorized battle to be unsealed on the request of Comey’s authorized staff.

In accordance with unsealed courtroom information, prosecutors allege that Comey broke the legislation by directing FBI workers to leak data to a New York Instances reporter for an article printed on Oct. 5, 2016, titled “Yahoo Mentioned to Have Aided U.S. Electronic mail Surveillance by Adapting Spam Filter.”

“The USA’ investigation has uncovered proof that former FBI Director, James B. Comey, sought to right misinformation which had appeared within the press by the use of Reuters the day earlier than,” prosecutors wrote of their response to Comey’s movement to dismiss the case earlier this month. “Mr. Comey directed workers to talk to [the New York Times reporter] about particular accuracy considerations associated to the Reuters article, and thereby illegally transferred categorized data.”

The article in query centered on whether or not the Division of Justice sought a courtroom order from the Overseas Intelligence Surveillance Court docket to drive Yahoo to seek for communications between members of a international terrorist group.

In accordance with courtroom filings, Comey sought to right claims in a Reuters story printed yesterday that Yahoo “secretly constructed a customized software program program to go looking all of its prospects’ incoming emails for particular data supplied by U.S. intelligence officers.”

Comey was indicted in North Carolina on April 28 over a controversial Instagram publish from final yr that prosecutors say was a menace in opposition to the president. Within the publish, Comey shared an image exhibiting the numbers “86 47” — interpreted to imply “eliminate” Trump — written in seashells on the seashore, with the caption, “Cool shell formation on my seashore stroll.”

Comey eliminated the publish quickly after making it, saying, “I did not understand some people affiliate these numbers with violence. It by no means occurred to me however I oppose violence of any form so I took the publish down.” His subsequent courtroom look in that case is scheduled for January.

The previous FBI director was beforehand indicted in September 2025 on prices of constructing a false assertion and obstruction associated to his testimony earlier than the Senate Judiciary Committee in 2020.

Comey pleaded not responsible at his arraignment and the case was finally dismissed on the grounds that the Trump-appointed U.S. legal professional who introduced the case was improperly appointed.