Andrew C. McCarthy says the time to charge Comey ran out because no grand jury indicted him by October 5
Andrew C. McCarthyContributing editor at National Review and former federal prosecutor, writing an opinion column
Writing in National Review, former federal prosecutor Andrew C. McCarthy argues that the ten-year limit for the charges required a grand jury indictment by October 5, 2026, and that because none was returned, the time to charge Comey has run out.
“The decision should be an easy one. As noted above, Section 19 says the SOL expires in ten years unless an indictment is returned by a grand jury before then. There was no indictment by October 5, so the SOL has run out.”
Analysis
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
Analysis
About this source
Opinion column by National Review contributing editor Andrew C. McCarthy arguing that the ten-year limit for the charges against Comey required a grand jury indictment.
Before the quotation
McCarthy writes that the ten-year limitation period for these Espionage Act charges, set in Section 19 of the 1950 Internal Security Act, refers to an indictment, and that federal felony charges must be brought by a grand jury unless the defendant waives that right. He writes that Comey has not waived it.
After the quotation
He writes that the Justice Department is asking Judge McFadden to read the word indictment as including an information, which he says would amount to rewriting the statute.
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. McCarthy argues that the charges are time-barred and calls the effort lawless, which condemns the prosecution under scrutiny.
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The Dispute Index. "Andrew C. McCarthy says the time to charge Comey ran out because no grand jury indicted him by October 5". First published: 2026-11-01. Last updated: 2026-11-01. https://disputeindex.com/events/7714-writing-in-national-review-former-federal-prosecutor-andrew