The James Comey National Security Leak Indictment Might Get Tossed

The Trump administration wants to get James Comey for his years of subversive and reckless behavior, but it might be too late. The latest indictment alleges he disclosed sensitive information to The New York Times in 2016. A Trump-appointed judge, however, seemed lukewarm about the charges, namely that we’re approaching the statute of limitations. We’re in a holding pattern, but we also shouldn’t be shocked if this indictment gets chucked (via Politico):

A federal judge seemed skeptical Friday of the way the Justice Department has mounted its third attempt to prosecute former FBI Director James Comey, but signaled he may await further action by prosecutors rather than throwing out the pending charges immediately.

U.S. District Judge Trevor McFadden heard arguments for over an hour on charges stemming from an alleged leak of classified information a decade ago. Comey’s lawyers say the 10-year statute of limitations for those charges has expired.

Prosecutors filed a pair of felony charges earlier this month over disclosures to The New York Times in 2016 about surveillance practices. However, the Justice Department brought the case through what’s known as a criminal information, a procedure allowing them to temporarily sidestep securing a grand jury indictment. Prosecutors say that effectively satisfied the statute of limitations, but Comey’s attorneys say the government needed to get an indictment by that deadline and failed to do so.

[…]

McFadden, a Trump appointee, did not rule Friday. However, he seemed to lean toward the defense’s position that the word “indictment” in the special 10-year statute-of-limitations provision for national security crimes means indictment, rather than the government’s more complex interpretation that the word encompasses other means of bringing a criminal case.

“I think of myself as a pretty formalistic judge,” the judge said.

But McFadden also threw a curveball into the session by suggesting he might put off ruling and see whether prosecutors can get an indictment. If they fail to do so, the statute-of-limitations issue would be moot, the judge said. He also alluded to the fact that prosecutors have encountered resistance to a series of indictments in Washington over the past two years.

“It turns out ham sandwiches are harder to indict these days,” the judge quipped. “Grand juries do surprising things.”

“What harm would your client suffer here if I delayed ruling until we see if the government can even return an indictment?” McFadden asked McDowell, noting that the defense could renew its arguments about the statute of limitations after an indictment comes in, if there is one.

McDowell refers to Ephraim McDowell, who pushed hard on the statute of limitations angle. 

We shall see, but if there is bipartisan agreement, it’s that Democrats and Republicans hate this man equally. 

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