Former FBI Director James Comey appeared in federal court on Friday as his defense counsel pressed for the complete dismissal of ongoing federal criminal charges. Comey has found himself the focus of intensifying Justice Department scrutiny during the Trump administrations, confronting two federal counts originating from events in 2016.
The core of the current prosecution involves accusations that Comey violated the Espionage Act by unlawfully disclosing national security details to an individual not authorized to receive them. Specifically, the government points to an interaction where Comey allegedly shared sensitive information with a journalist from a major metropolitan newspaper for an article that went to print on October 5, 2016.
Legal representatives for Comey have filed a motion to throw out the case, arguing that federal prosecutors failed to secure a valid indictment from a grand jury before the expiration of the 10-year statute of limitations. Furthermore, the defense contends that the Justice Department never obtained any grand jury indictment whatsoever and filed no formal criminal complaint. Instead, prosecutors lodged criminal information against Comey earlier in the month, asserting probable cause that a crime occurred without utilizing traditional charging mechanisms.
Adding to the procedural dispute, Comey’s attorneys revealed that two separate U.S. attorneys’ offices previously investigated the allegations that he distributed classified data and ultimately declined to bring charges. Government lawyers countered these arguments in court filings, asserting that Comey’s legal team lacks standing to motion for a dismissal because he has not been formally indicted, while maintaining that the relevant statute of limitations has not yet expired.
The current action marks the third time since September 2025 that the Justice Department has pursued a case against the former FBI chief. Earlier this year, prosecutors also brought charges against Comey over a social media post featuring a photograph of seashells arranged to spell out the phrase “86 47.” The government alleged the post constituted a threat against President Donald Trump. Comey has firmly denied that interpretation, explaining publicly that the slang term “86” simply means to get rid of something.
