Comey lawyers fight for dismissal of third criminal prosecution
The third attempt is the detail that stands out to me. Charging someone three times for the same alleged conduct is rare, and it raises the question of whether prosecutors are refining their case or trying again until one sticks. Comey's team is leaning on a fairly clean legal argument: if the Justice Department missed its window, the case should end before it really begins.
The judge being a Trump appointee adds a layer of tension, but judges are supposed to rule on the law, not the politics of who appointed them. McFadden will have to decide whether the delay was unreasonable and whether that matters under the rules. I'd want to know more about the timeline of when the alleged disclosure happened and when charges were first filed, because that's the heart of the statute of limitations question.
This matters because it tests how much latitude prosecutors have to bring charges years after the fact, especially against a high-profile figure. I don't have enough detail to say where the case should land, but the fact that it's a third prosecution suggests the government is determined. Whether that determination is justified or just stubborn will be for the judge to sort out.
