(CNN) — The Justice Department said in court documents on Tuesday that it plans to continue its efforts to prosecute former FBI Director James Comey.

The department’s stance was revealed in a lawsuit brought by the former FBI’s director’s friend and former lawyer Dan Richman . It comes two weeks after Comey’s previous indictment was dismissed and after a judge put temporary limits on the evidence prosecutors can use in future grand jury proceedings.

In the documents filed Tuesday — in a fast-moving court battle over evidence used to investigate Comey over his statements to Congress five years ago — the Justice Department refers to the situation as both a “pending criminal investigation” and “a potential federal criminal prosecution.”

The DOJ wrote to a federal judge that Richman’s

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