DOJ files criminal information against James Comey to stop the clock

The Justice Department has filed a criminal information against former FBI Director James Comey, marking the third distinct attempt by the federal government to bring charges against him. The filing, which unsealed on Monday, targets an alleged leak of national defense information to a journalist in 2016. Prosecutors are seeking to charge Comey with two counts of violating the Espionage Act.

The primary purpose of the filing is to toll the statute of limitations, which would otherwise expire in October of this year. A criminal information does not require grand jury approval or a finding of probable cause by a magistrate judge. A Justice Department spokesperson confirmed the filing was intended to preserve the statute of limitations and called the matter an ongoing investigation.

The allegations center on an October 5, 2016, New York Times article regarding U.S. email surveillance. The government claims Comey sought to correct misinformation from a prior Reuters report by directing staff to speak with the Times reporter. Comey’s attorney, Patrick Fitzgerald, stated that Comey steadfastly maintains his innocence and that the charges purport to be for crimes he did not commit.

Former federal prosecutors and defense attorneys described the maneuver as rare in the District of Columbia. Greg Rosen, a former federal prosecutor, said he had never seen a criminal information used this way in his years of practice. Michael Bromwich, a former Justice Department inspector general, noted that such filings typically accompany guilty pleas rather than efforts to extend time limits.

The criminal information was filed under seal in early October. Judge Trevor McFadden unsealed the records at Comey’s request. McFadden stated that charges against a former FBI director are of significant public interest and that Comey has offered to self-surrender. The judge did not rule on the merits of the case.

The filing was signed by Acting Deputy Attorney General Trent McCotter and Principal Associate Deputy Attorney General Aakash Singh, alongside special assistant U.S. attorneys not originally from the D.C. office. Comey’s legal team previously argued the government planned to seek an arrest warrant to hold him over a holiday weekend, a concern that led to an emergency hearing where the government agreed to hold off on seeking an indictment for 30 days.

This is the latest development in a contentious relationship between Comey and the current administration. Prior investigations by former U.S. Attorney John Durham and the D.C. U.S. Attorney’s Office did not recommend charges. A separate indictment against Comey for lying to Congress was dismissed in 2025, and he faces pending charges in North Carolina related to a social media post.