A new Justice Department filing proved the statute of limitations to be no comfort for the former top G-Man as an alleged violation of the Espionage Act was given new life.
Along with the restoration of national sovereignty, the rule of law and free enterprise, accountability remains a priority among conservative voters. Monday, proof that efforts remained under way to obtain the latter was made public as, for the third time in little more than a year, charges were brought against former FBI Director James Comey.
Filed on October 5, 2026, the DOJ submitted a criminal information detailing counts related to allegations from ten years prior that Comey provided a reporter with national defense information.
The first count detailed that the then-FBI director, “while lawfully possessing, accessing, controlling, and being entrusted with any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, and note relating to the national defense, and information relating to the national defense — and having reason to believe such information could be used to injure the United States and to the advantage of any foreign nation — knowingly and willfully communicated, delivered, transmitted, and caused that information to be communicated, delivered, and transmitted to a person not entitled to receive it, all in violation of 18 U.S.C. § 793(d).”
BREAKING: Former FBI Director James Comey has been charged with violating the Espionage Act for allegedly directing the disclosure of national defense information to a reporter in 2016. The case is assigned to Judge Trevor McFadden in Washington, D.C. https://t.co/iIPThx9Xr3
— SCOTUS Wire (@scotus_wire) October 26, 2026
According to Fox News, an emergency closed-door hearing was held Oct. 9 by U.S. District Judge Trevor McFadden as Comey’s attorneys sought to dismiss the case, contending it could not move forward without an initial indictment from a federal grand jury.
Though a motion to dismiss had yet to be ruled on, the request to unseal the filing was granted.
Comey’s own attorney, Patrick J. Fitzgerald, highlighted that this is the third time Justice Department charges have been brought against his client in little more than a year.
He contended that after investigations during the first Trump administration, “the Government determined that no charges should be brought against anyone. Now, ten years after the [New York Times] article was published, the Government filed an ‘Information’ against Mr. Comey that was not approved by a judge nor issued by a grand jury. It purports to charge Mr. Comey with crimes that he did not commit.”
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Meanwhile, a DOJ spokesperson indicated, “The Department filed a waiverless criminal information to toll the statute of limitations as it relates to allegations concerning former FBI Director Comey.”
“Filing a criminal information to toll the statute of limitations is a widely recognized practice in federal court and has been approved by multiple Circuit Courts of Appeals. This is an ongoing criminal investigation, and we will not comment further,” added the spokesperson.
DOJ spokesperson statement:
“The Department filed a waiverless criminal information to toll the statute of limitations as it relates to allegations concerning former FBI Director Comey. Filing a criminal information to toll the statute of limitations is a widely recognized…
— Kaitlan Collins (@kaitlancollins) October 26, 2026
In the wake of previous cases brought against him, including a dismissed case of lying to Congress and the ongoing case related to his “8647” alleged threat against President Donald Trump with seashells that had been delayed until 2027, Comey remained adamant about his innocence while leveling his own accusations against the administration.
His video statement on Instagram contended that “it would almost be funny if it weren’t such an appalling abuse of the Department of Justice, one that we cannot become numb to.”
“Nothing’s changed with me. I’m still innocent, I’m still not afraid of these people, and I still believe in the independent federal judiciary,” furthered Comey.
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Native of Brooklyn, NY, Kevin Haggerty is a graduate of Hunter College where he studied Cultural Anthropology and Geography. An avid reader and truth seeker, he currently resides in Texas with his wife and their dog and, when he isn't researching current events and their impacts, you'll find him spending time with friends and family or working on his next novel.
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