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DOJ Charges James Comey With Transmitting National Defense Information

Prosecutors say they filed a waiverless criminal information to toll the 10‑year statute of limitations, a step that spotlights disputes over charging procedure and executive authority.

Overview

  • Federal court filings unsealed Monday accuse former FBI director James Comey of knowingly transmitting national defense information in October 2016 and of conspiring to do so, according to prosecutors.
  • The Justice Department used a waiverless criminal information filed under seal on Oct. 5 to stop the 10‑year statute of limitations from running, a procedure that does not require a grand jury indictment to be publicly filed immediately.
  • Comey’s lawyers have moved to dismiss the new case, arguing the filing did not toll the statute because he did not waive his right to a grand jury indictment.
  • Hours before the charges were unsealed, U.S. District Judge Jesse Furman ruled that Comey’s daughter, Maurene Comey, was unlawfully fired from the Manhattan U.S. Attorney’s Office in July 2025 and ordered her reinstated with back pay.
  • The filing is the third criminal action brought against Comey during President Trump’s second term, and the pairing of the new charges with Furman’s ruling has intensified debate over DOJ independence, prosecutorial procedure, and limits on removing career prosecutors.