DOJ files new charge against James Comey as midterm election nears

The Trump administration has filed a criminal information against former FBI Director James Comey regarding a 2016 disclosure of classified details. This legal move attempts to keep the statute of limitations alive for a case that prosecutors previously declined to pursue. The filing marks the third criminal matter involving Comey since President Donald Trump returned to office in 2025.

Court documents unsealed on Monday revealed the department's strategy to extend the legal window for prosecution. The case centers on a New York Times article published in October 2016. That report described a secret court order requiring Yahoo to scan emails for links to a foreign terrorist organization. The story relied on two government officials who spoke anonymously about a directive from the Foreign Intelligence Surveillance Court that prohibited public disclosure.

Federal investigators began examining the FBI's October 5, 2016, disclosure in early 2017. Special Counsel John Durham reviewed the matter and wrote a classified memo in December 2018 recommending against criminal charges. A second investigation, codenamed Tropical Vortex, opened in the U.S. Attorney's office for the District of Columbia in January 2019. That team also closed the case in February 2020 without filing any charges.

Comey's legal team argues the current filing is invalid because it bypasses a grand jury and lacks a judge's approval. Patrick Fitzgerald, one of Comey's attorneys, stated that the government is attempting to charge a man with crimes he did not commit. Fitzgerald noted that this is the third time in just over a year that the Department of Justice has tried to bring federal charges against his client.

The Justice Department defended its action by citing standard federal court practices. A department spokesperson said that filing a criminal information to toll the statute of limitations is a widely recognized procedure. The spokesperson added that the department views this as an ongoing criminal investigation and would not provide further comments.

A criminal information is typically used when a defendant consents to a plea deal. Comey's lawyers, however, intend to fight the charges on the grounds that the statute of limitations has expired. They maintain that the government has already made two determinations not to bring charges in this matter.

Comey responded to the news in a video statement released after the documents were unsealed. He described the action as an appalling abuse of the Department of Justice. Comey said he remains innocent and unafraid of the administration. He expressed continued faith in an independent federal judiciary to handle the matter.

The new filing occurs one week before the midterm elections. It follows two other criminal cases against Comey. The first case was dismissed after a judge found the prosecutor was illegally appointed. A separate case filed in April involved a social media post depicting seashells, which officials alleged constituted a threat to the president.

Comey served as FBI director when Trump took office in 2017. He was appointed by President Barack Obama and had previously held a senior role in the Justice Department under President George W. Bush. Their relationship became strained after Comey resisted Trump's request for personal loyalty during a private dinner. Trump fired Comey in May 2017 during an FBI investigation into Russian ties to the campaign.

The subsequent Mueller probe found that Russia interfered in the 2016 election and the Trump team welcomed the assistance. The special counsel concluded there was insufficient evidence to prove a criminal collaboration. The current legal dispute will proceed in federal court as the administration pursues its case against the former director.