October 5, 2026 – James Comey faces two new charges related to his illegal disclosure of classified information to the New York Times

In Email/Dossier/Govt Corruption Investigations, Featured Timeline Entries by Katie Weddington

Former FBI Director James Comey is facing indictment again — this time for disclosing classified information.

Comey was hit with two charges on October 5 in the District Court for the District of Columbia. The charging document was made public on Monday.

This is the third criminal case that the Trump DOJ has brought against Comey.

The Justice Department also notified Comey that the government is seizing all property from proceeds traceable to the offense.

The new criminal charges are related to Comey’s illegal disclosure of classified information to the New York Times.

Comey contacted the New York Times to correct an October 5, 2016 article titled, “Yahoo Said to Have Aided U.S. Email Surveillance by Adapting Spam Filter.”

“The United States’ investigation has uncovered evidence that former FBI Director, James B. Comey, sought to correct misinformation which had appeared in the press by way of Reuters the day before,” Special Assistant U.S. Attorney Dustin Farahnak said. “The investigation has uncovered evidence that Mr. Comey directed staff to speak to Mr. Savage about specific accuracy concerns related to the Reuters article, and thereby illegally transferred classified information.”

The case was assigned to Judge Trevor McFadden, a Trump appointee.

Comey’s lawyers filed a motion to dismiss, arguing that the new charges are invalid because Comey has not been indicted by a grand jury.

The former FBI Director’s attorneys also argued that the case should be thrown out because the charges are past the statute of limitations.

Comey became enraged and lashed out at the Trump DOJ in a video message posted to his Substack.

Yet another case in DC by James Comey

Read on Substack

(Read more: The Gateway Pundit, 10/26/2026)  (Archive)

DOJ Response to the Statute-of-Limitations Claim

Comey’s defense (in an October 9 motion to dismiss) argued the charges are time-barred. The general federal felony statute of limitations is 5 years (18 U.S.C. § 3282); the extended 10-year period for certain Espionage Act offenses (under the Internal Security Act of 1950) specifically requires an indictment within 10 years. They contend a “waiverless” criminal information (filed without the defendant’s consent or grand-jury approval) does not toll or satisfy that period, which expired on or about October 5, 2026. They also noted the case had already been reviewed and declined twice.

The DOJ’s position, stated publicly (including on social media by its rapid-response account) and in filings, is that it filed the information precisely “to toll the statute of limitations.” It described the practice as “widely recognized in federal court and … approved by multiple Circuit Courts of Appeals.” The department has said the investigation is ongoing and declined further comment. Some filings argue the relevant statutory language covers either an indictment being “found” or an information being “instituted.” Former prosecutors have called the approach unusual for a felony case in D.C. (informations are more typically used when a defendant waives indictment to plead guilty), and legal observers note circuit-court approvals often involved the general 5-year period rather than the Espionage Act’s specific 10-year indictment language.

The case is before Judge Trevor McFadden. No grand-jury indictment has been returned yet; the information was a procedural step to preserve the ability to pursue one. Whether it successfully tolls the limitations period will be decided by the court. (Grok, 10/27/2026)