Judge McFadden delays ruling on Comey's motion to dismiss as DOJ seeks a grand jury indictment on 2016 leak charge (update, Oct. 30, 2026)

Case

On Oct. 30, 2026, U.S. District Judge Trevor McFadden put off deciding whether to dismiss the Justice Department's information against James Comey over an October 2016 New York Times story, giving prosecutors time to seek a grand jury indictment. DOJ says the information preserved its ability to charge past the 10-year limit; Comey's lawyers say it is time-barred and he has not waived indictment. McFadden noted D.C. grand juries have repeatedly rejected politically sensitive charges.

What happened (Oct. 30, 2026)
U.S. District Judge Trevor McFadden, a Trump appointee, delayed deciding whether to dismiss the case against former FBI Director James Comey, giving DOJ time to seek a grand jury indictment over an alleged leak tied to an October 2016 New York Times story.
DOJ filed a criminal information (reported as dated Oct. 5, 2026) rather than a grand jury indictment, and says it extends the statute of limitations; Comey has not waived indictment.
Prosecutor Dustin Farahnak argued a ruling was premature while the grand jury investigation continues and said of the grand jury: "They may indict, they may not indict."
McFadden noted that grand juries in the capital have repeatedly rejected politically sensitive charges, and said he would be extremely frustrated by a 'dawn raid' to arrest Comey before any indictment; Farahnak said that would not happen.
Comey's lawyers say the information is time-barred under the 10-year limit and legally invalid, and that leaving it pending puts him 'in limbo.' Comey says he is innocent.
AP reported the 2016 disclosure was previously investigated, with a Durham memo recommending no charges in Dec. 2018 and a second D.C. probe closing in early 2020 without charges.
Comey also faces a pending case over an Instagram photo of seashells arranged as '86 47,' which he has moved to dismiss; an earlier Virginia case was dismissed after a judge found the prosecutor had been illegally appointed.

Perspectives

Official position — Justice Department (prosecutor Dustin Farahnak)
DOJ's position is that the information validly preserved its ability to charge, that evidence of later acts within the limitations period is before a grand jury, and that a dismissal ruling is premature. It says the charge concerns an alleged unlawful transfer of classified information, not Comey's criticism of Trump.

Legal view — James Comey's defense lawyers (Ephraim McDowell)
The defense argues the 10-year statute of limitations has run, that an information cannot preserve the case because Comey did not waive grand jury indictment, and that two earlier investigations of the same alleged disclosure brought no charges.

Note
DOJ says the case is premature and grand jury evidence post-dates Oct. 2016; Comey says he is innocent and the charge is time-barred.

Sources
[1] AP via KSAT — Judge puts off decision in Comey case as Justice Department seeks new indictment against ex-FBI head (https://www.ksat.com/news/politics/2026/10/30/judge-puts-off-decision-in-comey-case-as-justice-department-seeks-new-indictment-against-ex-fbi-head/) · 2026-10-30
[2] WLT Report — Judge delays decision as DOJ cites new evidence in James Comey case (https://wltreport.com/2026/10/30/judge-delays-decision-doj-new-evidence-james-comey-case/) · 2026-10-30

Connections

Related — DOJ files third set of charges against James Comey over a 2016 New York Times story (update, Oct. 26, 2026)
Oct. 30 hearing in the case first reported when papers were unsealed Oct. 26.

Same context — DOJ's run of court setbacks, Oct. 28-Nov. 2, 2026: ex-FBI officials' case dismissed as "weaponization," Alaska suit tossed, courts reject California ballot demands
Another politically charged DOJ prosecution facing court and grand jury scrutiny the same week.

Same context — Federal prosecutions and investigations of Trump critics and opponents since 2025: Comey, James, Bolton, Brennan, Schiff, Cook, Lucas and others (status as of Oct. 25, 2026)
One entry in the broader record of prosecutions of Trump critics.