Comey Faces Third Federal Charging Effort Over Alleged 2016 Leak
The allegations concern a New York Times story published on October 5, 2016, about Yahoo and government email surveillance. Prosecutors say Comey directed FBI staff to discuss accuracy concerns with the newspaper after a Reuters story on the subject. The filing accuses him of transmitting national defense information to someone not entitled to receive it and conspiring to do so. Comey’s lawyers dispute the allegations; the government has disclosed little about its evidence.
The Justice Department filed a criminal information, rather than seeking a grand jury indictment. It says the filing preserves the case before the 10-year statute of limitations expires. Comey’s lawyers argue the filing cannot extend the deadline and that the relevant period has already passed. They also say prosecutors investigated the alleged disclosure twice and previously chose not to bring charges. The legal fight over whether the case can proceed is ongoing.
Comey called the latest effort an “appalling abuse” of the Justice Department and said he remains innocent. His attorney, Patrick Fitzgerald, also said Comey maintains his innocence. President Donald Trump said he had just heard about the case, while calling Comey a “dirty cop.”
This is the third time the Justice Department has pursued criminal charges against Comey since Trump returned to the White House. A previous case was dismissed after a judge found the prosecutor had been unlawfully appointed; a separate case over a social media image remains pending. Comey and prosecutors are expected in federal court in Washington on Friday.
New Comey Case Renews Questions About DOJ’s Political Use
The Justice Department’s third effort to bring criminal charges against James Comey since Donald Trump returned to office is built on an alleged disclosure from 2016 that prosecutors previously investigated without bringing charges, Comey’s lawyer says. The latest filing, unsealed in Washington on October 26, accuses the former FBI director of disclosing national defense information and conspiring to disclose it.
Prosecutors allege Comey directed FBI staff to address accuracy concerns with The New York Times after a Reuters story about Yahoo and government email surveillance. They filed a criminal information, not a grand jury indictment, saying the move preserves the case before the 10-year limitations period expires. Comey’s lawyers argue that this filing cannot extend the deadline and that the case is untimely.
Comey called the effort an “appalling abuse” of the Justice Department and said he remains innocent. His attorney, Patrick Fitzgerald, says two prior investigations ended with prosecutors deciding not to charge anyone. That history, combined with the administration’s repeated attempts to prosecute a prominent Trump critic, makes the independence of federal law enforcement a central concern—not a distraction from the legal questions.
One earlier case against Comey was dismissed after a judge found the prosecutor had been unlawfully appointed. Another case, based on a social media image, remains pending. Comey and prosecutors are expected in federal court on Friday.
Comey’s New Case Turns on Alleged Disclosure and Legal Deadlines
A decade-old national security allegation now faces a federal court test: whether prosecutors can pursue charges against former FBI Director James Comey and whether their filing met the legal deadline. The Justice Department’s October 26 filing accuses Comey of transmitting national defense information and conspiring to do so, tied to a 2016 New York Times story about Yahoo and email surveillance.
Prosecutors say Comey directed FBI staff to speak with the Times about accuracy concerns following a Reuters article. They used a criminal information, rather than a grand jury indictment, arguing that the filing preserves the case before the 10-year statute of limitations runs out. The department says the approach is recognized in federal courts and points to the seriousness of espionage offenses.
Comey’s lawyers say the filing is invalid and untimely, arguing that the applicable limitations period has expired and that the government previously investigated the disclosure twice without charging anyone. Those arguments deserve a hearing, but they do not resolve the prosecutors’ claim that the law permits the filing. Comey denies wrongdoing and calls the effort an abuse of the Justice Department.
The case is the third charging effort against Comey since Trump returned to office. A prior case was dismissed over the prosecutor’s appointment, while a separate case remains pending. The latest dispute is now before the federal court in Washington, where the parties are expected to appear Friday.
Reported by CNN, Daily Mail US, The Daily Beast, ABC7 New York, CBS News, ABC News, BBC US & Canada, The New Republic, CBS Detroit, The Philadelphia Inquirer, MSNBC, Reason, Daily Kos, Raw Story, Vox, amNY.
