DOJ Files Third Comey Charge Over 2016 Leak, Ignoring Statute of Limitations

Key points

• The Justice Department filed a 'criminal information' against James Comey on October 6, 2026, alleging he illegally transferred classified information in October 2016.
• The alleged leak involved a New York Times story about a secret court order requiring Yahoo to scan emails for foreign terrorist links.
• Comey’s attorneys argue the charge is invalid because it was filed via an information rather than a grand jury indictment, violating the 10-year statute of limitations.
• The DOJ previously investigated the same matter in 2017 and 2019 but closed both cases without filing charges, citing a lack of evidence.
• A federal judge recently ruled that the DOJ’s 2025 firing of Maurene Comey, James’s daughter, was illegal, ordering her reinstatement and back pay.
• This is the third criminal case against Comey since 2025, following a dismissed case over alleged lies to Congress and a pending case over an Instagram post.

Background

James Comey, appointed by President Obama, was fired by President Trump in 2017 amid the Russia investigation. Their relationship has been adversarial since, with Comey publishing a critical memoir in 2018. The current legal actions are part of a broader pattern of the Trump administration targeting political critics, including the recent illegal firing of Maurene Comey, a former DOJ prosecutor. The new charge coincides with the midterm elections, raising concerns about the politicization of the Justice Department.

Why it matters

The filing of a third criminal charge against a former FBI director, using a legal mechanism to bypass the statute of limitations, raises serious questions about the independence of the federal judiciary and the politicization of the Justice Department. It signals an escalation in the administration's strategy to target critics ahead of the midterm elections, potentially chilling dissent and undermining public trust in the rule of law.

What to watch

Comey’s legal team has requested a judge to dismiss the criminal information as invalid. The DOJ has not commented further on the case. The federal judge’s ruling on Maurene Comey’s firing is expected to be appealed by the Justice Department. The outcome of these legal battles will likely influence public perception of the administration’s handling of political opponents in the lead-up to the midterm elections.