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DOJ Takes Steps to Charge James Comey Over 2016 Information Disclosure

The Justice Department filed a criminal information against James Comey to meet a statute of limitations deadline regarding a 2016 leak investigation.

Background: Impeachment and removal

Published October 27, 2026 at 12:50 AM EDT

The short answer

The Justice Department filed a criminal information against James Comey to meet a statute of limitations deadline regarding a 2016 leak investigation. The U.S. Department of Justice (DOJ) has taken steps to charge former FBI Director James Comey with two counts of violating the Espionage Act.

DOJ Takes Steps to Charge James Comey Over 2016 Information Disclosure

The Facts

Who
Former FBI Director James Comey, the U.S. Department of Justice, and U.S. District Judge Trevor McFadden.
What
The U.S. Department of Justice filed a criminal information against former FBI Director James Comey, alleging two counts of violating the Espionage Act related to a 2016 news article.
When
October 2026; records unsealed Monday, October 26, 2026
Where
Washington, D.C.
Why
To prevent the 10-year statute of limitations from expiring on allegations that Comey leaked national defense information to the press in 2016.

The U.S. Department of Justice (DOJ) has taken steps to charge former FBI Director James Comey with two counts of violating the Espionage Act. According to court records unsealed Monday, prosecutors filed a criminal information alleging that Comey transmitted national defense information to an unauthorized person in October 2016. This filing marks the third time federal authorities have sought criminal charges against Comey during the current administration.

A DOJ spokesperson stated that the criminal information was filed to preserve the statute of limitations before it expires. A criminal information does not require a grand jury's approval or a magistrate judge's finding of probable cause. Comey's attorney, Patrick Fitzgerald, stated that his client "steadfastly maintains his innocence" and characterized the move as an attempt to charge Comey for crimes he did not commit.

The allegations center on a New York Times article published on Oct. 5, 2016, regarding U.S. email surveillance. The DOJ alleges Comey directed staff to speak with a reporter to correct information that appeared in a Reuters article the previous day. Court filings indicate two prior investigations into this matter—one by Special Counsel John Durham and another code-named Tropic Vortex—resulted in no charges.

For the public, this case highlights the mechanics of federal prosecution and the use of the Espionage Act, which carries significant legal penalties. The 10-year statute of limitations for the alleged 2016 conduct would have expired in October 2026. By filing the information, the DOJ attempts to stop that clock, a move Comey’s lawyers are contesting. If the court allows this maneuver, it could influence future cases where prosecutors face expiring deadlines without having secured a grand jury indictment.

The immediate next steps involve a 30-day period in which the government has agreed to hold off on seeking a formal indictment, following an emergency court hearing. Comey's legal team has already moved to have the information dismissed, arguing the statute of limitations can only be met by an indictment. While Judge Trevor McFadden unsealed the documents on Monday, Oct. 26, due to significant public interest, he has not yet ruled on the merits of the case or the validity of the DOJ's filing strategy.

Timeline of what happened

Key dates and decisions, in the order they occurred.

  1. October 4, 2016

    Reuters publishes article on surveillance

  2. October 5, 2016

    New York Times publishes article on Yahoo email surveillance aiding U.S.

  3. February 2020

    Investigation code-named Tropic Vortex closed without charges

  4. September 2025

    Comey indicted for allegedly lying to Congress; charges later dismissed

  5. April 2026

    Comey indicted in North Carolina over social media post; case pending

  6. October 9, 2026

    Comey legal team files motion to dismiss sealed criminal information

Summaries are written by The Plain Record to state the facts of a story plainly and without political slant. Drafted with AI assistance and checked against the source record before publication. See how we report, or report a correction.

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Questions readers ask

What happened: DOJ Takes Steps to Charge James Comey Over 2016 Information Disclosure?

The U.S. Department of Justice filed a criminal information against former FBI Director James Comey, alleging two counts of violating the Espionage Act related to a 2016 news article.

Who is involved?

Former FBI Director James Comey, the U.S. Department of Justice, and U.S. District Judge Trevor McFadden.

When did this happen?

October 2026; records unsealed Monday, October 26, 2026

Where did this happen?

Washington, D.C.

Why does this matter?

To prevent the 10-year statute of limitations from expiring on allegations that Comey leaked national defense information to the press in 2016.