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Judge Weighs Comey Bid to Dismiss Defense-Leak Charges

By Drooid · Oct 30, 2026 · How we work

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Summary

U.S. District Judge Trevor McFadden is weighing FBI Director James Comey's request to dismiss charges.
The charges allege Comey transmitted defense information and conspired to leak it on Oct. 5, 2016.
Prosecutors filed the case by criminal information, avoiding a grand jury indictment.
Justice Department prosecutor Dustin Farahnak said evidence exists and government seeks grand jury indictment.
Judge McFadden warned a raid would frustrate Comey while FBI agents remain outside his home.

History

The 1972 Watergate break-in triggered a 1973 grand-jury indictment and, after Attorney General Elliot Richardson appointed Archibald Cox as special prosecutor, Nixon’s October 20 “Saturday Night Massacre” created a constitutional crisis. That legacy of judicial independence now guides Judge Trevor McFadden’s review of FBI Director James Comey’s request to dismiss a 2016 leak indictment.

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The 1972 Watergate break-in triggered a 1973 grand-jury indictment and, after Attorney General Elliot Richardson appointed Archibald Cox as special prosecutor, Nixon’s October 20 “Saturday Night Massacre” created a constitutional crisis. That legacy of judicial independence now guides Judge Trevor McFadden’s review of FBI Director James Comey’s request to dismiss a 2016 leak indictment.

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