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.

The Justice Department’s reported “grand conspiracy” investigation into alleged efforts to target President Donald Trump’s political opponents appears to be moving ahead even after the departure of its lead prosecutor. According to recent reporting, subpoenas are still being issued and grand jury activity remains active, with the reported center of activity in Fort Pierce, Florida.

That procedural detail matters.