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Inside the James Comey Allegations After Ex-FBI Director Is Accused of Violating the Espionage Act in Latest Charges

Photo of James Comey
Source: MEGA

James Comey has more than one legal problem to worry about now.

Oct. 27 2026, Published 3:20 p.m. ET

Former FBI Director James Comey has been charged with unlawfully disclosing national defense information and conspiring to do so, RadarOnline can report.

According to the three-page filing, Comey allegedly directed an individual identified as "Individual #1" to disclose national defense information to a reporter for a national news publication on October 5, 2016.

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What Are The Charges?

Photo of James Comey
Source: MEGA

Comey allegedly shared info with a national news publication, according to the filing.

The document alleges that the conspiracy began no later than October 4, 2016, and continued through the date the charges were filed.

However, it does not identify the reporter, publication, or alleged co-conspirators, nor does it specify the information that was allegedly disclosed.

The case concerns a 2016 New York Times article about a secret court order requiring Yahoo to scan emails for messages potentially connected to a foreign terrorist organization, according to a report.

Prosecutors allege Comey directed then-FBI General Counsel James Baker to disclose information to the newspaper. The allegations have not been proven in court.

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James Comey’s Response

Photo of James Comey
Source: MEGA

Comey called the investigation an 'appalling abuse' of the DOJ.

Comey responded in a video posted to Substack, criticizing the Justice Department’s latest effort to prosecute him.

"Well, they're back – again," he said. "It would almost be funny if it weren't such an appalling abuse of the Department of Justice, one that we cannot become numb to."

The 65-year-old added, "Nothing's changed with me. I'm still innocent. I'm still not afraid of these people, and I still believe in the independent federal judiciary."

Comey said he was fortunate to have his family and legal team supporting him as he prepares to challenge the charges.

His attorney, Patrick Fitzgerald, said in a statement that the Justice Department had attempted to charge Comey with a federal crime for the third time in little more than a year.

He also maintained that Comey did not commit the alleged offenses.

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Defense Challenges Timing and Method

Photo of James Comey
Source: MEGA

Comey wants to have the case dismissed on the basis of a 10-year statute of limitations.

Comey's lawyers argue that the charges should be dismissed because prosecutors failed to obtain a grand jury indictment within the applicable 10-year statute of limitations.

The Justice Department filed a criminal information on October 5, exactly 10 years after the alleged disclosure. Unlike an indictment, a criminal information can be filed by prosecutors without a grand jury vote.

The defense argues that the law governing the extended limitations period specifically requires an indictment and that the filing did not preserve the charges.

Fitzgerald also said two teams of prosecutors investigated the 2016 disclosure during President Donald Trump's first administration and declined to bring charges against anyone.

The Justice Department has defended its approach, saying that filing a criminal information to pause the statute of limitations is “a widely recognized practice in federal court” that has been approved by multiple federal appeals courts.

U.S. District Judge Trevor McFadden has not yet ruled on Comey's motion to dismiss.

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James Comey's Other Legal Battles

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Photo of James Comey
Source: MEGA

Comey has other legal problems, including one case in North Carolina.

The latest case adds to Comey’s legal troubles under Trump's administration.

A separate Virginia prosecution accusing him of making false statements to Congress and obstructing a congressional proceeding was dismissed after a judge ruled that the prosecutor who brought the case was illegally appointed.

The Justice Department is appealing that decision.

Comey also faces a separate federal indictment in North Carolina related to an Instagram photograph of seashells arranged to spell "8647," which prosecutors allege constituted a threat against Trump.

Comey has challenged that case as well.

The Washington case remains in its early stages, with the court yet to decide whether the charges can proceed.

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