In October 2016, a story appeared in the New York Times that drew the attention of the Department of Justice. The piece, which the FBI’s former director had allegedly helped correct, was said to contain national‑defence information that was not meant for public eyes. The alleged communication took place while Comey was still head of the FBI, a position that demanded the highest standards of secrecy.
On 26 October 2026, the DOJ filed a criminal information against Comey. The indictment charges him with two counts of willfully communicating national‑defence information to an unauthorized person. The alleged disclosure was directed to a reporter for the New York Times, and the DOJ claims the act took place in 2016. The filing also seeks to preserve the statute of limitations, a practice that has been approved by multiple Circuit Courts of Appeals.
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
Filing a criminal information to toll the statute of limitations is a recognized tactic in federal court. By doing so, the DOJ aims to keep the clock running on the alleged offense, ensuring that the case can be pursued even after a decade has passed. The indictment’s timing—exactly 10 years after the alleged leak—underscores the department’s intent to secure the legal window.
The indictment’s timing—exactly 10 years after the alleged leak—underscores the department’s intent to secure the legal window.
Comey has denied any wrongdoing. “Nothing's changed with me. I'm still innocent. I'm not afraid of these people. And I still believe in the independent federal judiciary,” he said. He also called the charges an “appalling abuse of the Department of Justice” that should not be ignored. His attorneys argue that two prior investigations found no basis for criminal charges.
This indictment marks the third time the DOJ has brought criminal charges against Comey in just 13 months. The first two attempts, which also focused on the 2016 incident, ultimately did not result in charges. The new filing signals a renewed effort to hold the former director accountable for the alleged breach.
For now, the former FBI chief remains a figure of controversy, with the justice system poised to decide whether the past actions of a high‑ranking law‑enforcement official can be prosecuted after a decade.
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. https://t.co/dub684vDyh