Comey lawyers seek third dismissal
Attorneys argue the Justice Department missed the statute of limitations for new charges related to a 2016 leak.
By Carolina Wood ·
Former FBI Director James Comey faces a third federal prosecution in 13 months as his legal team urges a federal judge to dismiss new charges before they proceed.
Comey's attorneys are scheduled to appear before U.S. District Judge Trevor McFadden in Washington, D.C., on Friday. They will ask the court to reject criminal allegations that Comey mishandled classified information more than a decade ago. The legal team argues the government failed to secure a grand jury indictment before a 10-year statute of limitations expired.
The Justice Department filed the latest accusations via a criminal information, a legal mechanism that does not require grand jury approval. Prosecutors filed the document under seal on Oct. 5. The case remained hidden until Monday, when McFadden ordered the records unsealed at the request of Comey's lawyers.
According to the unsealed filings, prosecutors allege Comey directed FBI staff to correct misinformation in a Reuters article by speaking directly to a New York Times reporter. The original article, published on Oct. 5, 2016, claimed Yahoo built custom software to search customer emails for intelligence targets. Comey told staff to address accuracy concerns regarding that report. Prosecutors state this action illegally transferred classified information.
This is the third known attempt by federal prosecutors to charge Comey. President Donald Trump publicly demanded that the Justice Department act immediately to prosecute Comey and other political opponents. The first indictment came in April 2026 in North Carolina. Prosecutors there charged Comey with making a threat against the president via an Instagram post featuring the numbers 86 47. Comey removed the post after saying he did not realize the numbers were associated with violence. His next court date in that matter is set for January.
A second indictment arrived in September 2025. It charged Comey with making a false statement and obstructing justice related to his 2020 Senate testimony. He pleaded not guilty at his arraignment. That case was dismissed because the Trump-appointed U.S. attorney who brought the charges was improperly appointed.
The current fight centers on procedural timing. Comey's team contends the 10-year limit for the alleged conduct passed before prosecutors obtained a formal indictment. Judge McFadden, an appointee of President Trump, will decide whether to dismiss the case on these grounds.
