DOJ unseals third prosecution attempt against James Comey
Source published: Oct 26, 2026 · 5:18 PM EDT · Event: 2026-10-26
The Justice Department's latest criminal case against former FBI Director James Comey became public on October 26. Reuters and The Washington Post reported that an October 5 criminal information alleges Comey transmitted and conspired to transmit national-defense information by directing disclosures to a New York Times reporter in October 2016. A criminal information states prosecutors' allegations and, unlike an indictment, was not approved by a grand jury. Comey's lawyers contest whether DOJ could validly file the information without his waiver and argue that the prosecution falls outside the limitations period. No court had resolved those arguments or found Comey guilty at the Ledger's review.
Response / context
Comey said he remains innocent and called the renewed prosecution an abuse of the Justice Department. His lawyer, Patrick Fitzgerald, said the document purports to charge crimes Comey did not commit and that the defense will fight the case. A DOJ spokesperson said filing a criminal information to toll the statute of limitations is a widely recognized practice approved by multiple federal appeals courts, and declined further comment because the investigation is ongoing. Associated Press reported that criminal informations ordinarily accompany a defendant's waiver of indictment, while Comey's lawyers say he did not consent and contend the filing is legally invalid. Reuters reported that this is the third Trump-administration criminal case against Comey: a false-statements case was dismissed over the prosecutor's unlawful appointment, while a separate alleged-threat case remains pending. Those procedural outcomes do not decide the new allegations.
Dates and scope
Source publication: Oct 26, 2026 · 5:18 PM EDT
Event or conduct: 2026-10-26. The Justice Department filed the criminal information under seal on October 5, before the alleged offenses' 10-year anniversary, according to Reuters and Associated Press. The document was unsealed on October 26 at Comey's request. Reuters published its report at 5:18 p.m. EDT, Associated Press published at 5:36 p.m. EDT and The Washington Post published at 5:55 p.m. EDT. The Ledger reviewed the three reports shortly before 7 p.m. EDT. The alleged 2016 conduct, October 5 sealed filing, October 26 unsealing, reporting times and source-review time are distinct.
Dated report. Publication, event and review times are different; the review time is when the sources were last checked, not a live update.
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Read the original sources
- Reuters: Ex-FBI chief Comey faces third prosecution attempt by Trump Justice Department ↗
October 26 federal-courts report identifying the two alleged offenses, October 5 sealed filing, October 26 unsealing, DOJ's limitations-period rationale and the defense response
- Associated Press: Trump administration attempting to prosecute former FBI Director James Comey again ↗
October 26 report explaining the contested waiverless criminal-information procedure, Comey's denial and the defense argument that the case is invalid and time-barred
- The Washington Post: Justice Dept. charges James Comey, ex-FBI director, for a third time ↗
October 26 report describing the prosecutors' allegations, the absence of a grand-jury indictment and the order unsealing the filing at Comey's request
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