# Legal proceedings against James Comey > Developing situation record from CLSTR: https://clstr.news/situations/20261028-legal-proceedings-against-james-comey > Updated: 2026-10-30T08:37:03.000Z. Sources: 168. Developments: 3. The United States Department of Justice has filed a two-count criminal information against former FBI Director James Comey in a Washington, D.C. federal court. The charges allege that Comey violated the Espionage Act by willfully communicating and conspiring to disclose national defense information to an unauthorized person in October 2016. The allegations involve a disclosure to a reporter, specifically Charlie Savage, regarding a secret court order involving Yahoo email traffic. Prosecutors utilized a criminal information filing rather than a grand jury indictment, a move a Department spokesperson stated was intended to toll the statute of limitations while an investigation remains ongoing. Prosecutors have indicated they may seek additional charges for alleged conduct occurring through April 2017 to extend this deadline. On October 30, 2026, Comey appeared before Judge Trevor McFadden to argue for a dismissal of the case. His legal team contends the prosecution is time-barred and that using a criminal information to pause the statute of limitations is “legally invalid.” Comey has denied all wrongdoing, characterizing the prosecution as an “appalling abuse” of the Department of Justice and a campaign of political retribution. His defense also noted that two previous investigations into the matter by U.S. attorneys' offices did not result in charges. During the hearing, prosecutors claimed they have uncovered new evidence that could extend the window for charges through April 2017. Judge McFadden did not immediately rule on the request to dismiss the case. ## Claims - The Justice Department is attempting to charge James Comey with violating the Espionage Act. (reported by 17 sources) - The Justice Department filed a criminal information instead of a grand jury indictment. (reported by 17 sources) - Comey's legal team argues the criminal information should be dismissed as time-barred. (reported by 12 sources) - Two separate U.S. attorneys' offices previously investigated the alleged disclosure and declined to bring charges. (reported by 3 sources) - The DOJ is considering charges for alleged crimes occurring between October 2016 and April 2017. (reported by 3 sources) - Prosecutors claim they have received new information since the 2018 investigation by John Durham. (reported by 2 sources) ## Timeline ### 2026-10-30: James Comey legal team fights DOJ attempt to charge former FBI director Former FBI Director James Comey is fighting a Justice Department attempt to charge him with Espionage Act violations related to a 2016 media leak. His lawyers argue the case is time-barred and legally invalid. 21 sources. https://clstr.news/cluster/james-comey-legal-team-to-argue-against-doj-espionage-act-charges ### 2026-10-28: Department of Justice files criminal information against James Comey The DOJ has filed a two-count criminal information against former FBI Director James Comey, accusing him of violating the Espionage Act to preserve the statute of limitations. 4 sources. https://clstr.news/cluster/department-of-justice-files-criminal-information-against-james-comey ### 2026-10-26: James Comey faces third set of federal charges Former FBI Director James Comey faces new federal charges for allegedly disclosing national defense information in 2016. Comey denies the claims, calling them political retribution. 158 sources. https://clstr.news/cluster/federal-judge-orders-reinstatement-of-prosecutor-maurene-comey --- Cite as: Legal proceedings against James Comey. CLSTR, https://clstr.news/situations/20261028-legal-proceedings-against-james-comey