(Headline USA) The Trump administration is attempting to prosecute James Comey for allegedly leaking classified information, an effort the former FBI director’s lawyers immediately dismissed as invalid and outside the legal time limit for when the Justice Department can file a criminal indictment.
The allegations from the Justice Department were revealed Monday in newly unsealed court documents that shed light on a closed-door fight. The Justice Department said it had filed what’s known as a “criminal information” to extend the statute of limitations for when it can permissibly bring an indictment.
“Filing a criminal information to toll the statute of limitations is a widely recognized practice in federal court and has been approved by multiple Circuit Courts of Appeals. This is an ongoing criminal investigation, and we will not comment further,” a department spokesperson said.
An information can be filed without the approval of a judge or a grand jury’s finding of probable cause to a court. Comey’s lawyers made clear that they intend to fight the charges as invalid and barred by a 10-year statute of limitations.
The latest allegation concerns an October 2016 New York Times story related to a secret court order that required Yahoo to scan emails for messages potentially linked to a foreign terrorist organization. The story cited two government officials who spoke on the condition of anonymity about the order from a judge on the Foreign Intelligence Surveillance Court that Yahoo was barred from publicly disclosing.
BREAKING: Former FBI Director James Comey has been charged with violating the Espionage Act for allegedly directing the disclosure of national defense information to a reporter in 2016. The case is assigned to Judge Trevor McFadden in Washington, D.C. pic.twitter.com/iIPThx9Xr3
— SCOTUS Wire (@scotus_wire) October 26, 2026
Federal authorities, including prosecutor John Durham, began investigating the disclosure in early 2017. Durham, who later investigated the FBI’s conduct as it scrutinized potential ties between Russia and Trump’s 2016 presidential campaign, wrote a classified memo in December 2018 recommending no criminal charges against anyone in connection with the disclosure, Comey’s attorneys said in a recent court filing.
In January 2019, the U.S. Attorney’s office for the District of Columbia opened a second investigation of the same matter under the code name “Tropical Vortex.” But that investigation was closed without any charges filed in February 2020.
Prosecutors in a newly unsealed filing said investigators found evidence that Comey “sought to correct misinformation which had appeared in the press by way of Reuters the day before” that New York Times story was published, directed his staff to speak to a journalist at the newspaper related to accuracy concerns “and thereby illegally transferred classified information.”
The criminal information was filed under seal on Oct. 5, 10 years after the 2016 story was published. “But,” Comey’s lawyers said, “the applicable statute of limitations explicitly demands an indictment within 10 years of the offense; an information does not suffice.”
They have asked a judge to dismiss the information, a request that is still pending.
Adapted from reporting by the Associated Press
