It remains unclear how the Justice Department might proceed. The move would be a major escalation of the Trump administration’s recent attacks against the news media.
Justice Dept. Mulled Naming The Times as Conspirator in Comey Leak Case

It remains unclear how the Justice Department might proceed in the case against James B. Comey, the former F.B.I. director, but it has sought to crack down on what it sees as illegal leaks of sensitive information. Lexi Parra/The New York Times