Trump administration revives prosecution against James Comey for 2016 leaks

The Justice Department, under the Trump administration, filed a criminal information Monday to revive a case against former FBI Director James Comey, alleging he leaked classified material in 2016. The filing attempts to bypass the ten‑year statute of limitations that would normally bar prosecution. Comey’s lawyers say the move is illegal and outside any legal time frame.

The move comes as the DOJ has launched several high‑profile investigations that critics say are politically motivated. Comey has been a vocal critic of President Donald Trump since the 2016 election. The new filing follows two earlier attempts to charge him since Trump took office, and arrives just days before the midterm elections.

The alleged leak involves an October 2016 New York Times story about a secret Foreign Intelligence Surveillance Court order that forced Yahoo to scan emails for links to a foreign terrorist organization. The story named two anonymous officials. Federal prosecutors, led by special counsel John Durham, began probing the disclosure in early 2017. Durham later headed the probe into the FBI’s Russia investigation. DOJ officials say filing a criminal information to toll the limitations period is a recognized practice approved by appellate courts. Comey released a video saying the action is “an appalling abuse of the Department of Justice.” His attorney, former prosecutor Patrick Fitzgerald, called the charge “invalid” and reiterated his client’s innocence.

Legal experts say the information can be filed without a judge or grand jury, but a court will still have to decide whether the filing is proper. If the case proceeds, it could force Comey back into court and further politicize the Justice Department ahead of the November vote. The move also raises questions about how the DOJ uses procedural tools to extend investigations. Comey’s team says they will fight the charge and argue the statute of limitations has already run.