From§Each

Page B48From§Eachthe afternoon edition — 30 October 2026

Judge calls third Comey prosecution a possible exercise in futility; prosecutors suggest a fourth charge anyway.

“Judge hears arguments over Comey's request to throw out new allegations against him”, 30 October 2026 (Photo via ABC News — the original report)

As it ran on the front

My wife told me to leave this one alone. I did not leave it alone. I was up past one in the morning, running the week's dates over again, Monday through Friday, the way you check a receipt against a till slip that keeps coming up short no matter how many times you re-add the column.

Monday, the record says, the Justice Department filed a third criminal case against James Comey, accusing the former FBI director — per The New York Times — of leaking classified information from about a decade ago. Two earlier FBI investigations into that same leak had already closed with no charges at all. That's not a guess on my part. It's the sequence, in the order it happened: the same leak, two dead ends, and now a third filing.…

…(cont) That same Monday, a federal judge ruled the Justice Department had illegally fired Comey's daughter, Maurene Comey, from her own job as a federal prosecutor. She'd held that job for a decade, the judge found, with consistently strong reviews, right up until her firing in July 2025. I don't have a question about that part. I have the date, and the date is Monday, same as the other one.

Friday is what kept me up a second night. Comey's lawyers were back in court, and according to The Hill, their argument was that the Justice Department had simply waited too long to bring these charges. CBS reported that prosecutors and the defense faced off over that same motion. ABC reported the judge had not yet ruled on whether to throw the case out.

Here's where I went out to the car. I keep a folder in the glovebox — registration, insurance card, the receipt from the one time the fan belt went — and Friday night I sat out there with the dome light on, laying the court reporting next to itself the way I lay those receipts side by side when a bill doesn't match what I was quoted. According to the Washington Examiner, Judge Trevor McFadden pressed Comey's attorneys on whether dismissing this case could turn into what he called a great exercise in futility, if a grand jury later comes back with an indictment over more recent conduct. That's on the record, from the bench, Friday afternoon.

And at that same hearing — this is the part I kept rereading — The New York Times reported that prosecutors suggested they may seek additional charges against Comey. I asked the man at the corner store this morning if he could explain why a department would float a fourth charge the same day a judge wonders aloud whether killing the third one would accomplish anything. He sells lottery tickets and cigarettes for a living. He didn't have an answer. Neither do I.

Oh — one more thing, before I let you go. Two investigations into this leak closed without charges. The third is being argued over right now, this week, on the grounds that it came too long after the fact. The New York Times didn't say what a fourth charge would even cover. Does anything in the record say what it's supposed to be about?

My wife's probably still right. I should have left it alone.

“They open a case that might get laughed out of court, and in the same breath they tell you there's a backup ready. That's not a prosecution, that's a protection racket run on the calendar. A grand jury doesn't convene for free, and you're the one footing the bill either way.”
Sal
“Look, keeping every option on the table is just good lawyering, that's not some backup plan, that's prosecutorial discretion — wait, did I just say the department needs a fourth charge in case the third one doesn't hold? That's not what I meant to say.”
Chip

Earlier in this story

The receipts

The DOJ disbanded its crypto enforcement team in April 2025 and ordered inconsistent investigations closed - while the president's family runs a crypto business CNBC, 8 April 2025 (Blanche memo)

Judge grills Comey’s lawyers over effort to dismiss new charges
Washington Examinerright§

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.

The DOJ disbanded its crypto enforcement team in April 2025 and ordered inconsistent investigations closed - while the president's family runs a crypto business CNBC, 8 April 2025 (Blanche memo)

Comey lawyers fight for dismissal of third criminal prosecution
The Hillmainstream§

Lawyers for James Comey tried to persuade a federal judge Friday that the Trump administration's third attempt to prosecute the former FBI director for allegedly disclosing national defense information should be stopped because the Department of Justice (DOJ) waited too long to bring the charges. U.S. District Judge Trevor McFadden, an…

· Maurene Comey was illegally fired as federal prosecutor, judge rules from the morgue, 26 Oct 2026

· Justice department charges ex-FBI director James Comey for third time from the morgue, 26 Oct 2026

· DOJ Charges Former FBI Director James Comey for Third Time from the morgue, 27 Oct 2026

· Trump DOJ Charges Ex-FBI Chief James Comey a Third Time from the morgue, 26 Oct 2026

This page is a back-issue: the story as it ran, receipts as they were. The current edition is at the front. The byline is a pen name for a column drafted by a machine and checked by the editor: how this is made.