Saturday, October 31, 2026

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Justice Department Says It May Bring More Charges Against Comey as Judge Delays Ruling

A charge over a 2016 news leak was filed under seal Oct. 5 and made public Oct. 26. Comey's lawyers say an 'information' is not enough under the 10-year limit, and the Justice Department calls the practice 'widely recognized.'

By PAUL CHRISTLE · 2 min read 2 sources listed below
Old Bailey Central Criminal Court from Barts Hospital City of London England darker.jpg
Photo: Acabashi / Wikimedia Commons (CC BY-SA 4.0)

Facts

  • The Justice Department told a judge on Friday, October 30, 2026, that it may bring more charges against former FBI Director James Comey, and the judge delayed ruling on whether to dismiss the pending case so prosecutors could act, according to a PBS NewsHour news wrap. It would be a third criminal case against Comey, accusing him of a 2016 news media leak, PBS reported.
  • The Associated Press reported on October 26 that the Justice Department filed a ‘criminal information’ against Comey under seal on October 5, 2026, and that it was revealed in newly unsealed court documents. The charge concerns an October 2016 New York Times story about a secret court order requiring Yahoo to scan emails. Prosecutors allege Comey leaked classified information to a Times journalist.
  • Comey’s lawyers argue the 10-year statute of limitations requires an indictment, and that an information does not suffice. The charge was not approved by a judge or issued by a grand jury. They have asked a judge to dismiss it, and that request is pending.
  • The Justice Department said filing a criminal information to toll the statute of limitations is ‘a widely recognized practice in federal court.’ It added: ‘This is an ongoing criminal investigation, and we will not comment further.’
  • Comey has other legal history. The AP reported that a case alleging he made false statements to Congress was dismissed after a judge concluded the prosecutor who brought it was illegally appointed. He also faces a pending indictment tied to an ’86 47′ seashell post, which he has asked to have dismissed.
  • The AP also reported that prosecutor John Durham recommended no charges in a December 2018 memo, and that a related investigation, code-named Tropical Vortex, was closed in February 2020.
  • Trump said he did not ‘know much about it,’ then called Comey ‘a dirty cop,’ the AP reported.

Quotes

Patrick Fitzgerald, Comey’s attorney, said: “For the third time in little more than one year, the Department of Justice has attempted to charge Mr. Comey with a federal crime.”

James Comey, said: “Nothing’s changed with me; I’m still innocent.” He called the effort an “appalling abuse of the Department of Justice.”

The Justice Department said that filing an information to toll the limitations period is “a widely recognized practice in federal court.”

President Donald Trump called Comey “a dirty cop.”

Source Read the Associated Press report here.

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