US_ DOJ Hits James Comey With New Espionage Act Charges — but There's a Catch ( Susie Moore - REDSTATE )

RedState

DOJ Hits James Comey With New Espionage Act Charges — but There's a Catch

Susie Moore | 5:55 PM on October 26, 2026

AP Photo/J. Scott Applewhite


Former FBI Director James Comey is facing yet another criminal prosecution — this time over allegations that he orchestrated the leaking of sensitive national security information to the New York Times a decade ago.

But there's a potentially significant catch here: Comey's attorneys contend that the Department of Justice (DOJ) missed the deadline to bring the charges, and a federal judge will now have to decide whether the case can even move forward.

The two-count criminal case, filed under seal on October 5, was unsealed Monday by U.S. District Judge Trevor McFadden in Washington, D.C., at Comey's request. The DOJ did not oppose making the case public.

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BREAKING: James Comey facing indictment in DC for alleged disclosure of classified information. Case goes to Judge McFadden. https://t.co/wfS028gvY5
— Kyle Cheney (@kyledcheney) October 26, 2026

(Note: The unsealed charging document is a criminal information, rather than an indictment — this could have significant legal implications.)

Prosecutors allege that Comey violated the Espionage Act by directing the unauthorized disclosure of national defense information to a reporter in October 2016, while he was serving as FBI director. He's charged with unlawfully transmitting that information and conspiring with others to do so. 

According to the DOJ's response to Comey's motion to dismiss, the allegations center on an October 5, 2016, New York Times article concerning Yahoo's cooperation with U.S. intelligence surveillance efforts. Prosecutors contend that information contained in the article was substantially similar to classified material circulated in an internal government email just hours before publication. They allege Comey directed staff to communicate information that ultimately reached the reporter.

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READ MORE: https://redstate.com/smoosieq/2026/10/26/doj-hits-james-comey-with-new-espionage-act-charges-but-theres-a-catch-n2208649

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