Former FBI Director James Comey is set to return to a federal courtroom on Friday as his defense attorneys argue for the dismissal of the Justice Department’s latest effort to bring criminal charges against him for allegedly leaking classified information.
Prosecutors are seeking to bring charges against Comey for a third time, alleging he violated the Espionage Act by transmitting national defense information to an unauthorized individual in connection with a 2016 article published by . Comey has not been formally charged by criminal complaint or indicted by a federal grand jury in the Espionage Act matter. Instead, prosecutors filed a criminal information earlier this month—an uncommon maneuver that bypasses the need for grand jury approval or a magistrate judge’s finding of probable cause. The Justice Department stated it took this step to preserve the government’s case before a 10-year statute of limitations expires.
Following the unsealing of the filings on Monday, Comey’s legal team released a statement emphasizing that he steadfastly maintains his innocence. In public court filings submitted earlier in the week, his lawyers noted that the alleged disclosure, which occurred on Oct. 5, 2016, was previously investigated by two separate U.S. attorneys’ offices that both declined to pursue charges. They also characterized the criminal information as faulty and urged the court to throw it out.
In early October court filings, Comey’s lawyers argued that the charge should be dismissed as time barred. They contended that the government’s filing does not meet the express statutory requirements for an extended 10-year limitations period. Following an emergency hearing earlier this month, the Justice Department agreed not to seek an indictment for 30 days, according to defense filings.
In response, Justice Department lawyers argued in court filings that Comey’s bid to dismiss the criminal information was premature because no indictment has been returned, asserting that there is currently no indictment to dismiss. The government maintained that the statute of limitations remains valid because the underlying espionage allegations carry a 10-year window, adding that the criminal information serves as a charge that may substitute for an indictment in a felony case by rule.
This legal battle marks the third time in over a year that the Justice Department has attempted to bring charges against Comey. In September 2025, he was indicted for lying to Congress, though a judge subsequently dismissed those charges after ruling that the Trump-appointed prosecutor overseeing the case had been unlawfully appointed. Earlier this year, Comey was also charged with threatening President Trump over a social media post displaying a photograph of seashells arranged to spell “86 47.”
Comey, whom Trump fired as FBI director nearly a decade ago, has seen his legal team argue that the ongoing prosecutions are politically motivated. His lawyers have asked a judge to toss out the threats case on grounds of selective and vindictive prosecution, though the North Carolina judge overseeing that matter has not yet issued a ruling.
