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    Home»Featured»James Comey Heads to Court to Fight Third Trump DOJ Prosecution Over 2016 Leak
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    James Comey Heads to Court to Fight Third Trump DOJ Prosecution Over 2016 Leak

    Ron FlaggBy Ron FlaggOctober 30, 20264 Mins Read
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    Breaking

    Former FBI Director James Comey was in federal court on Friday, Oct. 30, as his lawyers sought to dismiss new charges accusing him of leaking classified information to The New York Times a decade ago, according to UPI. The two-count criminal information, filed under seal on Oct. 5 in U.S. District Court for the District of Columbia and unsealed Monday, Oct. 26, alleges that Comey knowingly communicated national defense information to a person not entitled to receive it and conspired with others to do so.

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    Comey denies wrongdoing. “Well, they’re back again. It would almost be funny if it weren’t such an appalling abuse of the Department of Justice,” he said in a video after the charges were unsealed. “Nothing changed with me. I’m still innocent and I still believe in the independent federal judiciary.” This is the third time the Trump Justice Department has charged Comey since September 2025.

    Details & Background

    Prosecutors allege that on or about Oct. 5, 2016, Comey authorized then-FBI General Counsel James Baker to share classified details with Times reporter Charlie Savage, according to The Federalist. The Times story concerned a secret Foreign Intelligence Surveillance Court order requiring Yahoo to scan emails for potential terrorist communications, and prosecutors say Comey wanted to correct a Reuters story published the day before. According to the filing, that disclosure “illegally transferred classified information.” The Justice Department says its investigation is ongoing.

    The case turns on a statute-of-limitations fight. The Justice Department filed what it called a “waiverless criminal information” exactly 10 years after the Times article, arguing that the filing halts the clock while the investigation continues. Comey’s lawyers say the 10-year limit applies only to grand jury indictments, and they note the matter was investigated twice before, including by John Durham, who recommended in a classified 2018 memo that no one be charged. Judge Trevor McFadden, a Trump nominee, is assigned to the case.

    Reactions

    Comey’s attorney, Patrick Fitzgerald, said, “For the third time in little more than one year, the Department of Justice has attempted to charge Mr. Comey,” adding that “Mr. Comey steadfastly maintains his innocence.” Of the earlier reviews, he said, “Both times the Government determined that no charges should be brought against anyone.” NPR reported that even some conservative lawyers view the new case as weak.

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    The Justice Department has defended its approach, saying, “Filing a criminal information to toll the statute of limitations is a widely recognized practice in federal court.” Comey separately faces a pending charge of threatening the president over his “86 47” seashell post, which he says was not meant as a threat. His first indictment, for allegedly lying to Congress, was dismissed in November 2025 after a judge ruled the prosecutor had been improperly appointed. The same day the new charges were unsealed, a federal judge ruled that the administration unlawfully fired his daughter, Maurene Comey. The feud dates back to May 2017, when Trump fired Comey as FBI director.

    Why This Matters to You

    The FBI director is entrusted with some of the nation’s most sensitive secrets. If Comey leaked classified intelligence to the press, it would be a serious breach of that trust, and Americans have a right to see the law applied to powerful officials the same way it is applied to everyone else.

    At the same time, prosecutors must prove their case within the limits the law sets. Whether the court lets the charges proceed will show whether the Justice Department’s approach to the statute of limitations holds up. Either way, the outcome will shape public confidence in both the FBI and the Justice Department for years to come.

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