Trump-appointed judge puts off ruling on throwing out James Comey's third prosecution as US Justice Department seeks a new indictment

James Comey, whose lawyers contend the same 2016 alleged leak was twice investigated by separate US attorneys' offices and dropped without charges.

Judge Trevor McFadden, a Trump appointee, heard more than an hour of arguments on Friday before declining to rule immediately, instead signalling he may wait to see whether prosecutors secure a fresh grand jury indictment. The Justice Department's third attempt to charge former FBI Director James Comey centres on a 2016 leak of classified information about surveillance practices — a disclosure two separate US attorneys' offices previously investigated and declined to prosecute.

Comey's lawyer Ephraim McDowell told the court the case is 'time barred and must be dismissed', arguing the 10-year statute of limitations expired before the DOJ acted.

Prosecutors bypassed a grand jury by filing a 'criminal information' — an unusual manoeuvre they say preserved the case; Comey's team calls it legally invalid.

Comey, who was not in court, posted a video saying 'I'm still innocent — and still not afraid of these people.'

The GuardianJames Comey lawyers seek to have third criminal case dismissed PoliticoJudge mulls throwing out DOJ’s leak case against James Comey The HillComey lawyers fight for dismissal of third criminal prosecution APLawyers for ex-FBI Director James Comey will ask a judge to block Justice Department prosecution UPIJames Comey in court to seek Trump administration charges dropped CBS NewsDOJ and Comey's lawyers to face off in court today over latest attempt to charge him Washington TimesJustice Department Comey Washington TimesJudge puts off decision in Comey case as Justice Department seeks new indictment against ex-FBI head

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