A federal prosecutor indicated on Friday that the Justice Department may seek additional charges against James B. Comey, the former FBI director, in a case alleging he leaked classified information nearly a decade ago. The pronouncement came during a hearing in federal court in Washington before Judge Trevor N. McFadden, a former appointee of President Donald Trump, who is reviewing Comey’s motion to dismiss the charges.

Comey is accused of violating the Espionage Act by instructing an associate to leak classified information to the news media in October 2016. Prosecutors filed a charging document known as a “criminal information” rather than pursuing a traditional grand jury indictment. Comey’s defense team contends that this method was improper and allowed the statute of limitations to expire, making the charges invalid.

During the hearing, prosecutor Dustin Farahnak asked the judge for additional time to present evidence to a grand jury with the goal of obtaining an indictment that could incorporate new events dating to April 2017, shortly before Comey was dismissed as FBI director by President Trump. Farahnak told the court that there was “additional evidence going to the grand jury” but did not provide specifics due to grand jury secrecy.

Judge McFadden expressed skepticism regarding the government’s approach, noting the unusual timing and lack of an indictment so many years after the alleged offense. He also questioned whether the evidence would be strong enough to convince a grand jury to bring formal charges.

Sarah Krissoff, a former federal prosecutor now in private practice, said the case was unlikely to withstand judicial or jury scrutiny, highlighting prosecutorial delays as problematic. The criminal information was filed only as the statute of limitations deadline neared, intensifying questions over the government’s handling of the case.

Comey has denied any wrongdoing and criticized the charges as politically motivated. In a video posted online, he called the case an “appalling abuse” of the Justice Department and reiterated his innocence.

The charges relate to a 2016 New York Times article that revealed a secret court order requiring Yahoo to scan emails for communications linked to a state-sponsored terrorist organization. Prosecutors contend Comey directed staff to engage with The Times to address inaccuracies reported by another news agency, resulting in the unauthorized transfer of classified information.

The Times declined to comment on its sources but noted that such prosecutions could deter whistleblowers and others from sharing information essential to public awareness.

Comey’s attorney, Ephraim McDowell, urged the court to dismiss the case promptly, arguing prosecutors used the criminal information improperly to extend their investigative window. The judge cautioned prosecutors against executing an arrest or search of Comey’s residence during the ongoing proceedings, a warning to which the government responded it would not act precipitously.

The case remains under judicial review as arguments continue over the legality of the charges and the government’s investigative strategy.