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NewsWSVN 7News – PoliticsOctober 26, 2026Miami-Dade County

Justice Department files new court action to prosecute former FBI Director James Comey

Photo: WSVN 7News – Politics

The Justice Department has filed a criminal information attempting to pursue former FBI Director James Comey regarding a decade-old leak of classified information, prompting pushback from his legal team over the statute of limitations. Comey's lawyers maintain his innocence and argue the move is invalid, while the Justice Department defends the filing as a recognized practice to extend time limits during an ongoing investigation.

Legal ProceedingsLaw EnforcementElectionsGovernment Oversight
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Why It Matters

The filing marks the third federal criminal case attempted against James Comey in just over a year amid broader investigative actions ahead of upcoming midterm elections.

Key Facts

  • The Justice Department filed a criminal information attempting to prosecute former FBI Director James Comey for a decade-old leak of classified information.
  • Comey's lawyers dismissed the effort as invalid and barred by the statute of limitations.
  • The new allegations concern an October 2016 New York Times story regarding a secret court order requiring Yahoo to scan emails.
  • Special Counsel John Durham wrote a memo in December 2018 recommending no criminal charges in connection with the disclosure.
  • The U.S. Attorney’s office for the District of Columbia opened a second investigation in January 2019 under the code name 'Tropical Vortex' which was closed without charges in February 2020.
  • This is the third time in just over a year that the Justice Department has attempted to charge Comey with a federal crime.
  • The first case against Comey was dismissed because the prosecutor was found to be illegally appointed, and a separate case in April involved a social media post depicting seashells.
  • Comey was originally appointed as FBI Director by Barack Obama and was later fired by Donald Trump in May 2017.

Who's Mentioned

OrganizationJustice Department“Federal executive department attempting prosecution”OrganizationFBI“Federal Bureau of Investigation”OrganizationAssociated Press“News agency publishing the report”OrganizationNew York Times“Publication involved in the 2016 story”PersonRobert Mueller“Special counsel who took over the Russia inquiry”locationDistrict of Columbia“Jurisdiction for the U.S. Attorney's office investigation”PersonGeorge W. Bush“Former U.S. President”OrganizationForeign Intelligence Surveillance Court“Court that issued the secret order”locationWhite House“Office of the President”OrganizationYahoo“Company subject to a secret court order”PersonPatrick Fitzgerald“Attorney representing James Comey”PersonJohn Durham“Former Special Counsel who previously investigated the disclosure”PersonDonald Trump“President of the United States”PersonBarack Obama“Former U.S. President who appointed Comey”locationWashington“Dateline for the news report”PersonJames Comey“Former FBI Director targeted by the Justice Department”OrganizationU.S. Attorney’s office for the District of Columbia“Office that opened a second investigation under the code name Tropical Vortex”