WASHINGTON (Azat TV) – The U.S. Justice Department is attempting to prosecute former FBI Director James Comey for a third time, targeting him over what prosecutors describe as a decade-old disclosure of classified information. The newly unsealed court documents, made public on Monday, Oct. 26, 2026, reveal an escalation in the administration’s legal actions against a prominent critic of President Donald Trump reported by NPR.
Comey’s legal team immediately dismissed the move as invalid, arguing that the government bypassed a grand jury and filed a criminal information outside the applicable ten-year statute of limitations. The legal battle unfolds as federal courts navigate a series of politically charged investigations involving the former bureau chief.
Decade-Old Disclosure Under Scrutiny
The latest allegations stem from an October 2016 news report regarding a secret Foreign Intelligence Surveillance Court order that required Yahoo to scan user emails. According to prosecutors, investigators found evidence that Comey directed staff to speak with a journalist to address accuracy concerns regarding separate press coverage, which the government claims resulted in the unauthorized transfer of classified material.
Federal authorities previously investigated the same disclosure. In early 2017, prosecutor John Durham examined the matter before writing a classified memo in December 2018 recommending no criminal charges. A second inquiry, code-named “Tropical Vortex,” was opened by the U.S. Attorney’s Office for the District of Columbia in January 2019 and closed without charges in February 2020.
Legal Defense and Procedural Challenges
Defense attorney Patrick Fitzgerald stated that the government is attempting to prosecute Comey for crimes he did not commit after two previous determinations that no charges were warranted. Prosecutors filed the criminal information under seal to toll the statute of limitations, a practice the Justice Department defends as a recognized procedure in federal courts.
“For the third time in little more than one year, the Department of Justice has attempted to charge Mr. Comey with a federal crime. Mr. Comey steadfastly maintains his innocence,” Fitzgerald said in a statement. In a video released Monday, Comey called the action an appalling abuse of the Justice Department, asserting his innocence and trust in the federal judiciary.
Broader Context and Related Cases
The latest filing represents the third criminal case brought against Comey since Trump returned to office. A previous indictment accusing him of lying to Congress was dismissed after a judge ruled the prosecutor was illegally appointed, while another case regarding an Instagram post remains pending.
Simultaneously, a federal judge ruled on Monday that the administration illegally fired Comey’s daughter, Maurene Comey, from her position as a Justice Department prosecutor in New York last year. Both sides are expected to present further arguments in federal court regarding the validity of the statute of limitations extension.