Comey Faces Third DOJ Charging Attempt via Unusual Legal Filing

The Justice Department has filed a criminal information against James Comey, marking its third attempt to prosecute the former FBI director for leaking classified information. The filing was made in early October under seal and unsealed on Monday by U.S. District Judge Trevor McFadden at Comey's request. Prosecutors seek two counts under the Espionage Act for transmitting national defense information to an unauthorized person.

The government states the filing is intended to preserve the ten-year statute of limitations, which expires this month. A criminal information does not require grand jury approval or a magistrate judge's finding of probable cause. Justice Department spokespersons described the case as an ongoing criminal investigation and declined further comment. In a social media statement, the department noted that filing such documents to toll the statute is a recognized practice approved by multiple circuit courts.

Critics argue the maneuver is highly unusual. Michael Bromwich, a former Justice Department inspector general, said he has never encountered a situation where a criminal information was filed solely to pause the limitations clock. Greg Rosen, a former federal prosecutor, added that in years of practice in Washington, D.C., he never saw the tool used in this manner, especially in a third charging attempt against the same defendant.

Comey's attorney, Patrick Fitzgerald, stated his client steadfastly maintains his innocence. Fitzgerald argued the information purports to charge crimes Comey did not commit, noting that investigators looked into the matter twice during the first Trump administration and determined no charges should be brought. Comey posted a video statement saying, "well, they're back again," and called the action an "appalling abuse" of the department.

The charges stem from allegations that Comey provided national defense information to an unnamed individual in October 2016 for publication in The New York Times. The article, dated Oct. 5, 2016, cited two unnamed officials. The government alleges Comey sought to correct misinformation from a previous Reuters article by directing staff to speak with the Times reporter. The criminal information was signed by Acting Deputy Attorney General Trent McCotter and Principal Associate Deputy Attorney General Aakash Singh.

Judge McFadden ordered the docket unsealed, writing that criminal charges against a former FBI director are of significant public interest. He noted Comey has offered to self-surrender, removing the need for secrecy to aid apprehension. The judge did not rule on the merits of the case. In a separate emergency hearing, the government agreed to hold off on seeking an indictment for 30 days.

This is the third legal action against Comey related to Trump-era tensions. In September 2025, an indictment alleging he lied to Congress was dismissed due to appointment irregularities. In April of this year, he was indicted in North Carolina on threat allegations involving a social media post. That case remains pending. Comey's legal team is also challenging the current filing, arguing the statute of limitations applies only to indictments.