Justice Department Files Third Federal Criminal Case Against Former FBI Director James Comey Over 2016 Leak Allegations

What happened
Federal prosecutors unsealed criminal charges against former FBI Director James Comey on October 26, 2026, alleging transmission of national defense information and conspiracy regarding an unauthorized 2016 media disclosure about Yahoo email surveillance.
The Context
* Procedural maneuvering: Prosecutors filed the charges via criminal information under seal on October 5, 2026, to toll the 10-year statute of limitations before unsealing the case once Comey moved to dismiss. * The legal defense: Comey's defense team, led by attorney Patrick Fitzgerald, filed a motion to dismiss, arguing the action is time-barred and improperly filed without a grand jury indictment. * Pattern of filings: The case follows two previous federal actions since January 2025, including a dismissed action and an April 2026 indictment in North Carolina.
The Number
— the total number of separate federal criminal cases brought against James Comey by the Department of Justice since January 2025, underscoring ongoing procedural friction between the current administration and former agency leadership.
Takeaway
Judge Trevor McFadden will evaluate the defense's motion to dismiss, establishing whether the government met the strict 10-year statutory deadline through an information filing rather than a standard grand jury indictment.
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