Trump's DOJ Charges James Comey a Third Time, Bypassing a Grand Jury

Federal prosecutors filed a sealed criminal charge against former FBI Director James Comey on October 5, 2026, which was unsealed on October 26. The filing accuses Comey of willfully communicating national defense information in October 2016 to someone not authorized to receive it, and of conspiring to disclose it, after he directed FBI staff that month to discuss "specific accuracy concerns" with a New York Times reporter covering U.S. surveillance of Yahoo.

Prosecutors used a "criminal information" rather than a grand jury indictment, a mechanism a Justice Department spokesperson said was used "to toll the statute of limitations" and is "widely recognized" by federal appeals courts. It is the third time the Trump Justice Department has brought a criminal case against Comey in thirteen months; an earlier indictment over his congressional testimony was dismissed after a judge found the prosecutor was unlawfully appointed.

Comey's attorneys have moved to dismiss, arguing prosecutors cannot proceed without a grand jury indictment and that the government missed the 10-year statute of limitations. A judge held a closed hearing on the dismissal motion on October 9 but has not yet ruled. Comey has called the case "an appalling abuse" and says he remains innocent.