10-Year Clock: DOJ Asks Judge to Hold Comey Charges Pending Grand Jury Vote
Prosecutors seek to extend the statute of limitations on 2016 leak allegations while they pursue new evidence and a formal indictment.
By Rahul Garnier ·
A 10-year deadline looms over the federal case against former FBI Director James Comey. The Justice Department asked a federal judge on Friday to allow placeholder charges to stand while prosecutors seek a grand jury indictment. The goal is to keep the statute of limitations under the Espionage Act from expiring.
The original charges were filed in early October via an information. This legal mechanism does not require approval by a judge or grand jury. The allegation is that Comey conspired to share sensitive information with a media outlet in 2016. The purpose was to correct reporting from another news source.
DOJ attorneys stated they have gathered additional evidence regarding the alleged leaks. They are considering charges for crimes that occurred between October 2016 and April 2017. This timeline would extend the current statute of limitations issue. Prosecutors noted that two prior investigations, including one led by John Durham in 2018, did not result in charges.
Comey's legal team argued that the underlying law does not permit charging by information solely to pause the deadline. They told District Judge Trevor McFadden that the case has already impacted the former director. His attorney noted that FBI agents have been placed outside of Comey's home. The lawyer described the situation as hanging over his client's head.
McFadden repeatedly asked why the defense should not wait for the Justice Department to secure a grand jury indictment. He warned prosecutors that he would be extremely frustrated if there was a dawn raid on Comey's home. The government attorneys promised no such action would occur before a ruling is issued.
The judge identified at least one novel issue in the case. He stated it is the Justice Department's prerogative to pursue a grand jury indictment before he issues a decision. The term indictment is being interpreted broadly as a charging act rather than just a grand jury return. This interpretation allows prosecutors to argue the 10-year limit is met by the initial filing.
Grand juries in Washington, D.C., have recently declined to bring charges. Earlier this week, a panel voted not to indict former White House aide Cassidy Hutchinson. McFadden remarked that ham sandwiches are hard to indict these days. The court will wait for the government's next move on the indictment.
Source: CNN
