DOJ charges James Comey with disclosing national defense information in 2016; Comey says he is innocent
Prosecutors charged former FBI Director James Comey with disclosing national defense information to a reporter in 2016, using a criminal information filed on the last day of a ten-year deadline. Comey says he is innocent and calls the case an abuse.
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Published by The Dispute Index editorial teamPublished Updated
Overview
On October 26, 2026, U.S. District Judge Trevor McFadden unsealed a criminal information that prosecutors filed on October 5, charging former FBI Director James Comey with transmitting national defense information to a person not entitled to receive it and with conspiracy. The information says that on October 5, 2016, Comey, through one or more co-conspirators, directed another person to disclose national defense information to a reporter for a national news publication. Comey says he is still innocent. His lawyers have moved to dismiss, arguing that the ten-year limitations period can be met only by a grand jury indictment. The Justice Department says filing an information to pause that period is a widely recognized practice.
Read the full background
This is the third federal criminal case brought against Comey since Trump's second term began. A 2025 case accusing him of lying to Congress was dismissed after a judge found the prosecutor had been unlawfully appointed, and an April 2026 case in North Carolina over a photo of seashells arranged to read 8647 is pending. NBC News reports that the new charges stem from an October 5, 2016, New York Times article by Charlie Savage about Yahoo adapting a spam filter to scan emails under a secret court order. The charge was filed as an information, a charge brought by prosecutors rather than a grand jury, exactly ten years after the alleged disclosure. Comey cannot be tried on it unless he waives indictment, and the judge has not ruled on his motion to dismiss. Comey's lawyer Patrick Fitzgerald says two earlier teams of prosecutors examined the same article and decided no charges should be brought.
People in this case
Donald TrumpDirectly involved
Timeline
5 timeline entries on this page. Dates: October 5, 2016 to October 26, 2026
October 2016
The New York Times reports on Yahoo's email scanning for a secret court order
The New York Times publishes an article by Charlie Savage reporting that Yahoo adapted a spam filter to scan emails under a secret court order. Ten years later, prosecutors allege that Comey, through co-conspirators, caused national defense information to be disclosed to a reporter for a national news publication that day.
[01]NBC News
NBC News report on the unsealed charges, with statements from Comey, his lawyer Patrick Fitzgerald, a Justice Department spokesperson and former federal prosecutor Greg Rosen.
[02]United States Department of Justice
Criminal information filed under seal in the U.S. District Court for the District of Columbia on October 5, 2026, and unsealed on October 26. It charges James Comey with one count of transmitting national defense information to a person not entitled to receive it and one count of conspiracy, both under 18 U.S.C. 793, over conduct alleged to have occurred on October 5, 2016.
United States v. Comey, No. 1:26-cr-00229 (D.D.C.): criminal information · United States Department of JusticeECF No. 1
October 2026
Prosecutors file a sealed criminal information charging Comey
Claim
Prosecutors file a criminal information under seal in federal court in Washington charging Comey with transmitting national defense information and conspiracy. The court seals the case at the government's request, which says unindicted co-conspirators appear in the information.
[02]United States Department of Justice
Criminal information filed under seal in the U.S. District Court for the District of Columbia on October 5, 2026, and unsealed on October 26. It charges James Comey with one count of transmitting national defense information to a person not entitled to receive it and one count of conspiracy, both under 18 U.S.C. 793, over conduct alleged to have occurred on October 5, 2016.
United States v. Comey, No. 1:26-cr-00229 (D.D.C.): criminal information · United States Department of JusticeECF No. 1[03]United States v. Comey, No. 1:26-cr-00229 (D.D.C.): memorandum order unsealing the case
Memorandum order by U.S. District Judge Trevor McFadden, dated October 26, 2026, granting Comey's unopposed request to unseal the case. The order says the court will address the rest of the dismissal motion later.
Comey moves to dismiss the charges as time barred
Comey's lawyers ask the court to dismiss the information, arguing that the ten-year limitations period for these charges can be met only by a grand jury indictment, and ask the court to unseal the case.
[04]United States v. Comey, No. 1:26-cr-00229 (D.D.C.): Comey's motion to dismiss the criminal information
Comey's motion to dismiss the criminal information, filed October 16, 2026. His lawyers argue that the ten-year limitations period for these charges can be met only by a grand jury indictment, so an information filed by prosecutors does not stop the clock and the charges are time barred.
[01]NBC News
NBC News report on the unsealed charges, with statements from Comey, his lawyer Patrick Fitzgerald, a Justice Department spokesperson and former federal prosecutor Greg Rosen.
Prosecutors say the information is timely
The government asks the court to deny the motion to dismiss, arguing that it is premature and that the information meets the ten-year limitations period. It does not oppose unsealing the case.
[05]United States Department of Justice
The government's response to Comey's motion to dismiss, filed under seal on October 23, 2026 and signed by Special Assistant U.S. Attorney Dustin Farahnak and other Justice Department lawyers. Prosecutors argue that the motion is premature and that the information is timely under the ten-year limitations period for these charges.
United States v. Comey, No. 1:26-cr-00229 (D.D.C.): government's response to the motion to dismiss · United States Department of JusticeECF No. 12[03]United States v. Comey, No. 1:26-cr-00229 (D.D.C.): memorandum order unsealing the case
Memorandum order by U.S. District Judge Trevor McFadden, dated October 26, 2026, granting Comey's unopposed request to unseal the case. The order says the court will address the rest of the dismissal motion later.
Judge McFadden unseals the case; Comey responds in a video
Source release
U.S. District Judge Trevor McFadden grants Comey's unopposed request to unseal the case and says the court will address the rest of the dismissal motion later. Comey posts a video response on his Substack newsletter the same day.
[03]United States v. Comey, No. 1:26-cr-00229 (D.D.C.): memorandum order unsealing the case
Memorandum order by U.S. District Judge Trevor McFadden, dated October 26, 2026, granting Comey's unopposed request to unseal the case. The order says the court will address the rest of the dismissal motion later.
[06]James Comey
Video post on Comey's Substack newsletter responding to the unsealed charges.
James Comey on Substack: Yet another case in DC (video) · James Comey
Response record
Responses
Choose one response filter, or select All responses to see the full record.
3 matching responses. Newest first.
Donald TrumpPresident of the United States, speaking to reportersDirectly involvedBefore this statement
The Daily Wire reports that Trump spoke on Monday night after federal prosecutors accused Comey of illegally disclosing national defense information, telling reporters he did not know too much about it and had just heard about it.
"I think he's a dirty cop, James Comey. But I know nothing about it."
Mixed or conditionalCase context: DOJ charges James Comey with disclosing national defense information in 2016; Comey says he is innocent
Full statement and sources
Trump tells reporters he does not know too much about the new case against Comey and had just heard about it, then calls Comey a dirty cop while saying he knows nothing about it.
After the statement
The Daily Wire reports that the case, unsealed that day in federal court in Washington, accuses Comey of two violations of the Espionage Act.
Why this label?
The case concerns the Justice Department's new charges against Comey. Trump says he knows nothing about the case, which declines to assess the charges, while he calls the defendant a dirty cop. The response mixes a refusal to judge the prosecution with hostility toward Comey.
This label describes the statement's response within the context above.
United States Department of JusticeJustice Department spokesperson, in a statement to NBC NewsDirectly involvedBefore this statement
NBC News reports that prosecutors maintain the charges are timely and that Comey's attorneys are misreading the applicable law, and that a Justice Department spokesperson said the filing was meant to pause the statute of limitations.
"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."
Defended or excusedCase context: DOJ charges James Comey with disclosing national defense information in 2016; Comey says he is innocent
Full statement and sources
A Justice Department spokesperson says the filing against Comey was meant to pause the statute of limitations and that filing a criminal information for that purpose is a widely recognized practice approved by multiple federal appeals courts.
After the statement
The spokesperson said it is an ongoing criminal investigation and the department would not comment further. Greg Rosen, a former supervisor in the U.S. Attorney's Office for the District of Columbia, disputed that characterization.
Why this label?
The case concerns the Justice Department's new charges against Comey. The department's spokesperson calls the way prosecutors filed them a widely recognized practice approved by appeals courts, which defends the prosecution under scrutiny.
This label describes the statement's response within the context above.
James ComeyFormer FBI director and the defendant, in a video on his Substack newsletterDirectly involved Before this statement
In a video on Substack after the charges were made public, Comey said the case would almost be funny if it were not 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"
DeniedCase context: DOJ charges James Comey with disclosing national defense information in 2016; Comey says he is innocent
Full statement and sources
In a video posted after the charges were made public, Comey says nothing has changed for him, that he is still innocent, that he is not afraid of the people bringing the case and that he still believes in the independent federal judiciary.
After the statement
NBC News reports that the new charges stem from an October 5, 2016, New York Times article by reporter Charlie Savage about Yahoo and email surveillance.
Why this label?
The case concerns the Justice Department's new charges accusing Comey of causing national defense information to be disclosed to a reporter in 2016. Comey says he is still innocent, which denies the accusation.
This label describes the statement's response within the context above.
Sources
(8)
Original text
United States v. Comey, No. 1:26-cr-00229 (D.D.C.): criminal information
Relevant passage: ECF No. 1
About this source
Criminal information filed under seal in the U.S. District Court for the District of Columbia on October 5, 2026, and unsealed on October 26. It charges James Comey with one count of transmitting national defense information to a person not entitled to receive it and one count of conspiracy, both under 18 U.S.C. 793, over conduct alleged to have occurred on October 5, 2016.
- Author
- U.S. Department of Justice
- Published
- Accessed
Original video
James Comey on Substack: Yet another case in DC (video)
About this source
Video post on Comey's Substack newsletter responding to the unsealed charges.
- Author
- James Comey
- Published
- Accessed
Analysis
Reason: DOJ's 3rd attempt to imprison James Comey stinks of Trump's desperation for revenge
About this source
Opinion column by Reason senior editor Jacob Sullum on the third federal case against Comey.
- Author
- Jacob Sullum
- Published
- Accessed
Reporting
Daily Wire: Trump Unleashes On 'Dirty Cop' Comey After Former FBI Boss Is Slapped With New Charges
About this source
Daily Wire report on Trump's remarks to reporters about the new Comey case on October 26, 2026, with statements from Comey and his lawyer.
- Author
- Drew Berkemeyer
- Published
- Accessed
Reporting
NBC News: James Comey charged for a third time by the Trump administration
About this source
NBC News report on the unsealed charges, with statements from Comey, his lawyer Patrick Fitzgerald, a Justice Department spokesperson and former federal prosecutor Greg Rosen.
- Author
- Ryan J. Reilly and Gary Grumbach
- Published
- Accessed
Original text
United States v. Comey, No. 1:26-cr-00229 (D.D.C.): memorandum order unsealing the case
Relevant passage: ECF No. 14
About this source
Memorandum order by U.S. District Judge Trevor McFadden, dated October 26, 2026, granting Comey's unopposed request to unseal the case. The order says the court will address the rest of the dismissal motion later.
- Author
- Judge Trevor N. McFadden
- Published
- Accessed
Original text
United States v. Comey, No. 1:26-cr-00229 (D.D.C.): government's response to the motion to dismiss
Relevant passage: ECF No. 12
About this source
The government's response to Comey's motion to dismiss, filed under seal on October 23, 2026 and signed by Special Assistant U.S. Attorney Dustin Farahnak and other Justice Department lawyers. Prosecutors argue that the motion is premature and that the information is timely under the ten-year limitations period for these charges.
- Author
- U.S. Department of Justice
- Published
- Accessed
Original text
United States v. Comey, No. 1:26-cr-00229 (D.D.C.): Comey's motion to dismiss the criminal information
Relevant passage: ECF No. 11
About this source
Comey's motion to dismiss the criminal information, filed October 16, 2026. His lawyers argue that the ten-year limitations period for these charges can be met only by a grand jury indictment, so an information filed by prosecutors does not stop the clock and the charges are time barred.
- Author
- Counsel for James Comey
- Published
- Accessed
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Cite this record
- Publisher
- The Dispute Index
- Title
- DOJ charges James Comey with disclosing national defense information in 2016; Comey says he is innocent
- First published
- Last updated
- Permalink
- https://disputeindex.com/cases/doj-charges-comey-national-defense-information-2016
The Dispute Index. "DOJ charges James Comey with disclosing national defense information in 2016; Comey says he is innocent". First published: 2026-10-29. Last updated: 2026-10-29. https://disputeindex.com/cases/doj-charges-comey-national-defense-information-2016