A federal judge in Washington has put off deciding whether to throw out a criminal case against former FBI Director James Comey, giving prosecutors more time to pursue a formal indictment tied to an alleged 2016 leak of classified information. The pause keeps alive a closely watched procedural fight over how the Justice Department initiated the case and whether that approach lawfully preserved charges before the statute of limitations expired.

At the center of the dispute is the government’s use of what defense lawyers characterize as a placeholder charging mechanism.

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.