Justice Department builds third Comey case without grand jury indictment

Two U.S. attorneys’ offices previously declined to bring charges

The Justice Department did not obtain a grand jury indictment at all in its third case against former FBI Director James Comey, and there is no formal criminal complaint against him. Instead, the department filed criminal information on Comey earlier this month, alleging probable cause that a crime was committed.

Comey is charged with violating the Espionage Act by improperly sharing national security information with someone in 2016. According to the government’s account, the incident happened when Comey allegedly shared information with a reporter for The New York Times for a story published on Oct. 5, 2016.

Comey’s attorneys say two U.S. attorneys’ offices investigated the allegations that he shared classified information with someone not legally allowed to receive it, and that both offices passed on bringing charges against him.

Comey has been the target of Justice Department investigations under both Trump administrations, facing two federal charges dating back to 2016.

The defense has moved to dismiss the case. Its argument is that the Justice Department did not get an indictment from a grand jury before the 10-year statute of limitations expired.

The Justice Department rejects the dismissal motion on a threshold ground. It says Comey’s team cannot motion to dismiss because he has not been formally indicted. It also argues that the statute of limitations has not expired.

Whether the criminal information stops the limitations clock is the question the two sides have put before the court. A criminal information is filed directly by prosecutors; an indictment is returned by a grand jury. Comey’s defense contends the distinction matters for a charge tied to conduct a decade old, while the department contends the motion cannot be brought because no indictment has been returned to attack.

Comey was in court on Friday as his defense team sought to have the federal charges against him tossed. This is the third case by the Justice Department against Comey since September 2025.

Comey was also charged earlier this year for allegedly making a threat against President Donald Trump when he posted a photo on social media depicting seashells organized to read “86 47.” Comey denies that this was a threat, noting that “86” means simply “get rid of.”

That case and the Espionage Act matter are proceeding on separate tracks, but both place the former FBI director on the receiving end of federal prosecutions brought during the current administration.