IC Oversight & Policy — 2026-11-01

Judge Delays Ruling on Comey's Espionage Act Dismissal as DOJ Claims New Evidence Beyond 2016 Leak

BLUFIt is unlikely that a federal grand jury returns an Espionage Act indictment of Comey by November 30, given ongoing grand jury proceedings, undisclosed evidence, and judicial signals of resistance.

U.S. District Judge Trevor McFadden heard roughly two hours of argument Friday on James Comey's motion to dismiss an October 5 criminal information alleging Espionage Act violations tied to a 2016 New York Times article, and did not immediately rule 12. Comey's lawyers argued the filing is time-barred, while Justice Department attorney Dustin Farahnak said it paused the ten-year limitations clock and that prosecutors are still presenting to a grand jury 1. Farahnak also disclosed new evidence of overt acts after October 5, 2016, which ABC News reported could reach April 2017, but he withheld details citing grand jury secrecy 12. McFadden did not bar an indictment, said he would be "extremely frustrated" by a "dawn raid" arrest, and Farahnak assured him that would not happen 123.

Analysis
Confidence is high, based on consistent accounts of the hearing from three primary outlets and the prosecutor's own statement that grand jury presentation continues. The hearing moved the case from paper briefs to live argument, and it disclosed overt acts that may run to April 2017 and would extend the limitations window by six months. DOJ has not detailed that evidence, and Judge McFadden's remark that indictments are harder to obtain now points to real grand jury resistance. A federal grand jury is unlikely to return an Espionage Act indictment of Comey by November 30, 2026. The new evidence and open presentation may instead signal an imminent indictment, with the information serving only as a placeholder. DOJ must seek an indictment by Thursday or the Speedy Trial Act requires dismissal. An indictment would moot the dismissal motion and shift the fight to timeliness, while failure leaves the information exposed and pushes DOJ toward the April 2017 acts.

4 sources

DOJ and Comey's lawyers face off in court over latest attempt to charge him - CBS News
Judge warns DOJ against 'dawn raid' to arrest James Comey - ABC News
Judge Delays Decision As DOJ Cites New Evidence In James Comey Case - WLT Report
James Comey lawyers fight for dismissal of third criminal prosecution - The Hill