A federal judge in Washington, D.C., has delayed ruling on whether to dismiss a placeholder criminal case against former FBI Director James Comey, leaving intact—for now—a procedural maneuver by the Justice Department as it seeks a grand-jury indictment tied to an alleged 2016 classified leak.

The immediate issue is not Comey’s guilt or innocence, but whether prosecutors may file and maintain a charging vehicle before the statute of limitations runs out while they continue pursuing a formal indictment.