A federal judge delayed deciding whether to dismiss a case against James Comey
A federal judge on Friday postponed a decision on whether to dismiss the placeholder criminal case against former FBI Director James Comey. During a hearing, the judge questioned why he should not wait to let the Justice Department seek a grand jury indictment, noting prosecutors could pursue that option before he ruled.
More context
A federal judge on Friday put off a decision on whether to dismiss a placeholder case against former FBI Director James Comey, as prosecutors said they were seeking a grand jury indictment. At a hearing, the judge repeatedly asked Comey’s lawyer why he should not wait to see whether the Justice Department could secure one, saying the department could pursue an indictment before he ruled. Prosecutors said they had gathered additional evidence concerning alleged leaks to the media, though two earlier Justice Department investigations had not resulted in charges. Comey’s attorney said FBI agents had been placed outside his home and that the case was hanging over him. The judge warned prosecutors he would be “extremely frustrated” by a dawn raid; they promised none would occur.
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Verifier’s note
The Washington Times and CNN report that the judge deferred a ruling while the Justice Department could pursue a grand jury indictment. CNN reports this independently, while The Washington Times appears to carry AP’s account; both were published on October 30, 2026, consistent with the proposed event’s timing.