By Basant El-Faramawy
Attorneys for former FBI Director James Comey appeared in a Washington, D.C., federal court on Friday seeking to dismiss criminal allegations brought by the Justice Department for a third time in 13 months. The emergency motion argues prosecutors failed to secure a grand jury indictment before a 10-year statute of limitations expired on the alleged mishandling of classified information.
Third Prosecution Attempt in 13 Months
The latest legal battle marks the third known effort by federal prosecutors to charge Comey since President Donald Trump publicly demanded the Justice Department act against him and other perceived political opponents. U.S. District Judge Trevor McFadden, a Trump appointee, ordered details of the sealed proceedings unsealed Monday at the request of Comey's legal team.
Allegations Center on 2016 Leak to New York Times
According to unsealed court records, prosecutors allege Comey directed FBI staff to leak information to a New York Times reporter for an October 5, 2016, article titled "Yahoo Said to Have Aided U.S. Email Surveillance by Adapting Spam Filter." The article concerned whether the Justice Department sought a Foreign Intelligence Surveillance Court order to force Yahoo to search communications linked to a foreign terrorist organization. Prosecutors claim Comey sought to correct a Reuters story published the previous day and thereby illegally transferred classified information.
Previous Cases Against Comey
Comey was indicted in North Carolina in April 2026 over an Instagram post showing the numbers "86 47" — interpreted as a threat against Trump — which he later removed. He also faced charges in September 2025 for making false statements and obstruction related to his 2020 Senate testimony, but that case was dismissed after the court found the Trump-appointed U.S. attorney who brought it was improperly appointed.
