Attorneys for former FBI Director James Comey appear before U.S. District Judge Trevor McFadden on October 30, 2026, seeking the dismissal of a third Department of Justice criminal case. Prosecutors bypassed a grand jury to file a criminal information alleging Comey violated the Espionage Act regarding a 2016 New York Times leak. While the government claims the maneuver preserves charges before a 10-year statute of limitations expires, Comey maintains his innocence and calls the prosecution a politically motivated abuse of power.
Legal arguments on statute of limitations
- ▪Lawyers for former FBI Director James Comey asked a federal judge to dismiss the Department of Justice's third criminal case against Comey over a 2016 New York Times leak on October 30, 2026
- ▪James Comey's legal team argued the Department of Justice's criminal information must be dismissed because the 10-year statute of limitations expired following the alleged October 5, 2016 leak
- ▪Department of Justice lawyers argued Comey's motion to dismiss was untimely because no indictment had been returned against him, asserting the espionage allegation carries a 10-year limitations period
Controversy over criminal information procedure
- ▪The Department of Justice filed a charging document known as a criminal information against James Comey without securing a grand jury indictment or a judge's criminal complaint sign-off
- ▪The Department of Justice stated it filed a criminal information to preserve its case against James Comey and extend the legal deadline before the statute of limitations expired
Earlier criminal indictments against Comey
- ▪A second pending indictment in North Carolina charges James Comey over an Instagram photo of seashells spelling '8647', which federal prosecutors allege was a threat against President Trump
- ▪The initial September 2025 federal indictment in Virginia charging James Comey with lying to Congress was dismissed after a judge ruled the prosecutor who brought the charges was unlawfully appointed
Hostility between Trump and Comey
- ▪President Donald Trump fired FBI Director James Comey in May 2017 while Comey was overseeing an investigation into potential ties between Trump's 2016 campaign and Russia
- ▪Following his 2017 dismissal, James Comey published a book likening Donald Trump to a corrupt mafia don, while Trump accused Comey of treason and called for his imprisonment
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