A federal judge is weighing Former FBI Director James Comey’s request to dismiss new criminal charges he is facing in Washington, D.C., for allegedly transmitting sensitive national defense information and conspiring to disclose it to a reporter.

In a hearing Friday morning, U.S. District Judge Trevor McFadden heard arguments over Comey’s bid to toss this new case, the third brought against him by the Trump administration in a year.

The arguments were technical, focusing primarily on the statute of limitations for the charges Comey is facing. The new charges were brought exactly 10 years after the alleged conduct. The charges Comey faces carry a 10-year statute of limitations.

“I’m a district judge, I have to be practical,” McFadden said at one point during the arguments, asking pointed questions to both sides on how he should proceed in this situation.

Federal prosecutors charged Comey in Washington, D.C., with unlawfully transmitting national defense information to an unauthorized person and conspiracy to commit that offense. Those two charges, which were brought earlier this month, were unsealed by McFadden on Monday.

According to the charging document, prosecutors allege Comey directed an individual, through one or more co-conspirators, to disclose national defense information to a reporter at a national news publication on Oct. 5, 2016. Lawyers for Comey said it was an “extraordinary step” for the Department of Justice to charge Comey on the last day that the statute would allow.

Comey was charged by criminal information — charges filed by prosecutors — as opposed to an indictment by a federal grand jury in this case. He has not yet entered a plea in this case.

Ephraim McDowell led the legal team representing Comey, who was not present for today’s arguments.

Comey’s team argued that the statute of limitations has run out on the charges the former FBI director is facing. McDowell said the government has run out of time to seek a proper indictment by a grand jury, and that this situation is “hanging over Mr. Comey’s head.”

In response to the government’s argument that time has not elapsed to pursue the new charges and that it should be up to Congress to amend the statute of limitations, McDowell said, “The government is wrong.”

Dustin Farahnak, who argued on behalf of the government, asked the court to consider the timing of the case while they continue to attempt to seek a grand jury indictment. Farahnak said the Justice Department has gathered additional information in the case.

The judge added at the end of the hearing that the government can continue their investigation while he considers his ruling.

“I’m just having my cards on the table,” Farahnak said. “We looked into the law and followed it.”

McDowell revealed that FBI agents have been situated outside of Comey’s home during this investigation. The judge said he would be “extremely frustrated” to learn that there was a raid on Comey’s house while he weighs his ruling, even if the government proceeds with their investigation in the meantime.

McFadden acknowledged that seeking indictments before D.C. grand juries has become more difficult recently, telling counsel, “Grand juries do surprising things.”

At the conclusion of the 90-minute hearing, McFadden did not indicate when he would rule, saying he would take the matter under advisement.

Lawyers representing Comey have argued the case should be dismissed, pointing to the fact that two other federal prosecutors had previously investigated the alleged conduct and declined to bring charges against the former FBI director.

“The information in this case centers on alleged disclosure of classified information to the New York Times (NYT) on October 5, 2016, that was investigated by two separate U.S. Attorneys over the past ten years,” lawyers for Comey’s wrote in a court filing ahead of the hearing. “Both declined to prosecute.”

They also allege the case is “time barred” — that the statute of limitations has already expired because prosecutors charged Comey with the incorrect instrument. They allege that the government had ten years to bring the case “by obtaining a grand jury indictment.” Prosecutors did not secure a grand jury indictment and instead unilaterally charged Comey.

The DOJ has argued Comey’s interpretation of the statute of limitations is “mistaken” and based on “an incomplete statutory reading of the text.”

They also argued Comey’s effort to dismiss the case is “premature,” writing, “this prosecution proceeds currently by an Information, and there is no indictment to be dismissed.”

According to court filings, a lawyer for the DOJ has indicated he was planning to seek a grand jury indictment, but has decided to wait until the motion to dismiss the case was resolved.

These charges mark the third time the Trump administration has prosecuted Comey in roughly the last year.

The Department of Justice first charged Comey with lying to Congress in Virginia last year. Comey pleaded not guilty, but that case was ultimately dismissed after a federal judge found that the sole prosecutor who secured and signed that indictment had been unlawfully appointed.

In April, federal prosecutors in North Carolina charged Comey with threatening the president for posting a photo on social media of sea shells arranged to spell “86 47.” The term “86” is widely used among restaurant workers to mean getting rid of or refusing something, such as an unwanted customer or unavailable menu item. Prosecutors alleged that the photo signaled a threat to President Donald Trump, the 47th president.

Comey has not yet entered a plea in the seashell case and will not do so until at least January.

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