Justice Department spokesperson says filing an information to toll the statute of limitations is a widely recognized practice
United States Department of JusticeJustice Department spokesperson, in a statement to NBC News
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.
“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.”
Reporting
Where this statement fits
DOJ charges James Comey with disclosing national defense information in 2016; Comey says he is innocent
On October 26, 2026, a federal judge in Washington 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 charges concern an October 5, 2016, New York Times article. Comey says he is innocent and calls the case an abuse of the Justice Department, and his lawyers argue the charges are time barred because no grand jury indictment was obtained. The Justice Department says filing an information to pause the limitations period is a widely recognized practice.
Source and context
Reporting
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.
Before the quotation
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.
After the quotation
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.
How this statement is classified
The label describes this statement's response within the context above.
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.
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More from this case
Read the full caseJacob Sullum says the decision to charge Comey now stinks of desperation to slake Trump's thirst for revenge
“Given the outcomes of those two investigations, the decision to charge Comey now stinks of desperation to slake Trump's thirst for revenge.”Read statement
Trump calls Comey a dirty cop and says he knows nothing about the new case
“I think he's a dirty cop, James Comey. But I know nothing about it.”Read statement
Comey says he is still innocent and still believes in the independent federal judiciary
“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”Read statement
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The Dispute Index. "Justice Department spokesperson says filing an information to toll the statute of limitations is a widely recognized practice". First published: 2026-10-29. Last updated: 2026-10-29. https://disputeindex.com/events/7199-a-justice-department-spokesperson-says-the-filing-against