Comey faces new leak charges as lawyers challenge prosecution deadline
Crime · First reported 26 Oct, 18:55 · Updated 08:28

Federal prosecutors have filed two counts against former FBI Director James Comey over an alleged 2016 disclosure of national defense information. Comey denies wrongdoing, and his lawyers argue that prosecutors failed to obtain an indictment within the 10-year deadline. The Justice Department says its filing paused that deadline.
- Prosecutors filed counts of transmitting national defense information and conspiring to transmit it. This is the third federal criminal case brought against Comey since Trump’s second term began.
- The allegations concern an October 5, 2016 article about Yahoo and US email surveillance. Prosecutors allege Comey directed staff to correct earlier reporting, resulting in an unlawful disclosure of classified information.
- The charges were filed through a criminal information, a prosecutor-filed document rather than a grand jury indictment. Comey has not been indicted in this case.
- Comey’s lawyers say the law required an indictment within 10 years and have requested dismissal. The Justice Department argues that filing the criminal information paused the deadline; a ruling remains pending.
- Comey denies wrongdoing. His lawyer Patrick Fitzgerald says two earlier prosecutorial investigations examined the disclosure and both concluded that no charges should be brought.
Summary written by Lux AI from 6 articles
Key facts
- Counts
- Transmission of national defense information and conspiracy to transmit it.
- Venue
- Federal court in Washington, DC.
- Underlying article
- Published October 5, 2016, concerning Yahoo and US email surveillance.
- Next decision
- A ruling on Comey’s request to dismiss the case remains pending.
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Background
- An earlier Lux story reported that Judge Jesse Furman ruled the July 2025 dismissal of Comey’s daughter, federal prosecutor Maurene Comey, unlawful.
- That story reported an order for back pay and retroactive reinstatement through December 20, rather than a return to her former job. The Justice Department said it would appeal.
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