Judge McFadden warns DOJ against predawn raid on Comey
Federal prosecutor promised the judge the department would not 'offend the court' after the third case against the former FBI director was unsealed.
By Sarah Montgomery ·
U.S. District Judge Trevor McFadden issued a sharp warning to the Justice Department on Friday, expressing frustration over the agency's method of charging former FBI Director James Comey. The judge specifically cautioned prosecutors against executing a predawn arrest warrant at Comey's residence, a tactic often associated with high-profile federal raids.
McFadden told the court that he would be 'extremely frustrated' if law enforcement officers appeared outside Comey's home in 'black pajamas.' The comment came as the judge reviewed the latest criminal information filed against the former director. This filing marks the third federal case brought against Comey since September 2025.
Federal prosecutor Dustin Farahnak responded to the judge's concerns by assuring the court that the department intended to handle the matter with respect. 'We're not going to do anything that will offend the court,' Farahnak said. The hearing took place after McFadden ordered the case unsealed on Monday.
The current case relies on a criminal information filed directly by the government rather than a grand jury indictment or a judge-approved complaint. Legal experts noted that this mechanism bypasses standard judicial checks. Former federal prosecutor Sarah Krissoff described the handling as 'disturbing,' arguing that the government should have sought a judge's signature or presented the charges to a grand jury.
Comey's attorney, Ephraim McDowell, stated that FBI agents were present outside his client's home during the proceedings. McDowell argued that the government failed to secure an indictment before the 10-year statute of limitations expired. The allegations involve actions taken by Comey in October 2016, specifically regarding communications with a New York Times reporter about classified information.
The judge did not prohibit the government from seeking a grand jury indictment, leaving that decision to prosecutors. McFadden joked that 'ham sandwiches are harder to indict these days,' referencing recent instances where federal grand juries rejected politically charged cases. This follows the recent dismissal of an indictment against Cassidy Hutchinson and the failure to indict six sitting members of Congress earlier this year.
Farahnak serves as a special U.S. attorney under acting Deputy Attorney General Trent McCotter and Associate Deputy Attorney General Aakash Singh. The U.S. Attorney's Office for the District of Columbia, led by Jeanine Pirro, is not involved in this specific prosecution. The judge set a hearing for Friday to address Comey's motion to dismiss the case.
