Law & Justice

DOJ Pursues Grand Jury Indictment of Former FBI Director Comey Over Defense Secrets Allegations

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DOJ Pursues Grand Jury Indictment of Former FBI Director Comey Over Defense Secrets Allegations

The Justice Department is working to obtain a grand jury indictment against former FBI Director James Comey for allegedly directing the release of secret national defense information, a federal prosecutor said in court on Friday. Special Assistant U.S. Attorney Dustin Farahnak told the U.S. District Court for the District of Columbia that the department is "still going to the grand jury very diligently." The hearing focused on Comey’s motion to dismiss a criminal information filed in Washington on the eve the statute of limitations was set to expire. Comey, who was a frequent target of the DOJ during the second Trump administration, is accused of being involved in the communication of classified information to the New York Times in October 2016. The DOJ said it filed the criminal information to toll the statute of limitations on the allegations. Comey’s attorneys argue the criminal information is untimely and that the statute requires an indictment to be filed within ten years. Farahnak told Judge Trevor McFadden that the grand jury process is still ongoing and that the DOJ has evidence of potential additional actions that would fall within the statute of limitations, including as recently as April 2017. The DOJ is attempting to keep the prosecution alive as Comey’s attorneys push for the judge not to wait for an indictment to dismiss the case. Ephraim McDowell of Cooley LLP noted in court that FBI agents have been spotted outside his house. "There shouldn’t be an arrest threat hanging over Mr. Comey’s head," McDowell said. The case is USA v. Comey, D.D.C., No. 1:26-cr-00229, 10/30/26.

Frequently asked questions

What is the DOJ pursuing against former FBI Director James Comey?

The DOJ is seeking a grand jury indictment for allegedly directing the release of secret national defense information to the New York Times in October 2016.

Why did Comey's attorneys file a motion to dismiss the criminal information?

They argue the criminal information is untimely and that the statute requires an indictment to be filed within ten years.

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