A federal judge grilled former FBI Director James Comey’s attorneys on Friday over whether their effort to dismiss the Justice Department’s latest criminal case could become “a great exercise in futility” if a grand jury returns an indictment alleging more recent conduct.

U.S. District Judge Trevor McFadden, an appointee of President Donald Trump, questioned why he should resolve Comey’s statute-of-limitations challenge now, when prosecutors are potentially presenting additional evidence that could support a later charging deadline.

Recommended Stories

Comey cites Trump social media post as ‘smoking gun evidence’ of selective prosecution

How Trump’s comments could surface in Comey’s defense strategy

‘Ms. Halligan was not a puppet’: DOJ says Trump’s dislike of Comey isn’t grounds to toss case