Comey’s Lawyers and DOJ Clash Over New Charge as Prosecutors Face Criticism

WHO:

Alternet - Comey’s lawyers said he did not agree to proceed by criminal information.

CNN - The Justice Department told the court it is working to obtain a grand-jury indictment and has gathered additional evidence.

CNN - Associate Attorney General Stanley E. Woodward Jr. testified in a separate hearing before Judge Reyes about President Trump’s public posts concerning a golf course.

AlterNet - U.S. District Judge Trevor McFadden, a Trump appointee, was scheduled to consider Comey’s request in Washington, D.C.

CBS News - James Comey is a former FBI director and a longtime critic of Trump. Comey’s lawyers said he “steadfastly maintains his innocence.”

CBS News - The Justice Department is seeking to charge Comey; its lawyers argued that his request to dismiss the criminal information was untimely.

CBS News - Sarah N. Lynch and Joe Walsh contributed to the report.

Alternet - Andrew Weissmann, a former FBI general counsel and frequent Trump critic, discussed the case with Sarah Longwell, publisher of The Bulwark. Weissmann corrected Longwell when she called the filing an “indictment.”

NBC News - Comey’s attorneys contend the latest case is invalid because it was not presented to a federal grand jury within the statute of limitations.

WHAT:

CNN - Prosecutors said they are working to obtain a grand-jury indictment and have gathered additional evidence.

CNN - Prosecutors said they are considering allegations involving conduct after October 2016, potentially through April 2017.

CNN - Comey’s attorney said FBI agents had been placed outside Comey’s home and that the case was “hanging over” him; prosecutors promised there would be no “dawn raid.”

Alternet - Judge Reyes asked whether the Justice Department needed to “correct the record” about possible misstatements and questioned Woodward about the president’s public post concerning the golf course.

CNN - Prosecutors said they may pursue additional allegations concerning conduct after October 2016, including through April 2017, which could affect the statute-of-limitations issue.

CNN - Prosecutors said they had received new information since John Durham’s investigation; they did not say whether it came from the later investigation during the first Trump administration.

CNN - Comey’s attorney said FBI agents had been placed outside Comey’s home and that the case was “hanging over” him. Prosecutors promised there would be no “dawn raid.”

CNN - Judge Trevor McFadden called the case a “novel issue” and said the Justice Department could seek a grand-jury indictment before he ruled. He remarked, “Ham sandwiches are hard to indict these day.”

Alternet - Judge Reyes called the Justice Department’s position on executive privilege “extraordinary” after Associate Attorney General Woodward said he was “reticent to put meaning” behind President Trump’s public post.

Alternet - The article describes Comey’s separate seashell post as spelling “86-46,” which it says meant removing the 46th president from office.

Alternet - The article says Trump was tried after taking classified documents from the White House in 2021.

AlterNet - The alleged 2016 disclosure concerned a *New York Times* report about a secret order compelling Yahoo to scan emails for possible links to a foreign terrorist group.

AlterNet - Comey’s lawyers said Durham’s December 2018 classified memo recommended against bringing charges against anyone.

Alternet - The alleged disclosure involved a 2016 *New York Times* report about a secret Foreign Intelligence Surveillance Court order requiring Yahoo to scan emails for possible links to a foreign terrorist group; two officials disclosed the order anonymously.

Alternet - A December 2018 classified memo by John Durham recommended against criminal charges for anyone in the matter, according to a filing by Comey’s lawyers.

Alternet - The U.S. Attorney’s Office for the District of Columbia reopened the matter in 2019 under the code name “Tropic Vortex” and closed it without charges in February 2020.

Alternet - Comey’s separate pending case alleges that an Instagram post showed seashells arranged as “86 47”; the article says “86” is slang for getting rid of something and “47” refers to the current president.

Alternet - Comey’s book compared Trump to a mafia don “untethered to truth”; Trump called Comey a traitor and called for him to be jailed.

CBS News - Prosecutors filed a criminal information accusing Comey of violating the Espionage Act by transmitting national defense information to someone not legally authorized to receive it, in connection with a 2016 New York Times article. Comey has not been indicted by a grand jury or formally charged by criminal complaint in this case.

CBS News - Comey’s lawyers asked a judge to dismiss the filing as “faulty” and “time barred,” arguing it fails statutory requirements for the 10-year limitations period. The Justice Department said the information can substitute for an indictment in a felony case and that the limitations period has not expired.

Alternet - Weissmann said only a grand jury can indict someone for a federal felony and argued that an information has legal significance only when the defendant agrees to it. He said Comey did not agree and characterized the filing as having no legal effect.

CBS News - This is the Justice Department’s third attempt to charge Comey in over a year. A judge dismissed a 2025 indictment accusing him of lying to Congress, ruling that the Trump-appointed prosecutor was unlawfully appointed. Earlier in 2026, Comey was charged over a social-media photo of seashells arranged to read “86 47”; he has sought dismissal of that case on selective- and vindictive-prosecution grounds.

Alternet - Weissmann described the seashell case as an alleged threat against Trump and said prosecutors waited a year to bring it. Longwell joked, “The sea shell threat was imminent.”

Alternet - Weissmann compared the case with the Justice Department’s stated intention to pursue Cassidy Hutchinson over alleged lies to Congress, saying a grand jury did not accept the evidence presented against her.

WHERE:

Alternet - The golf course at issue is the public East Potomac Golf Course on Hains Point, alongside a biking and walking trail and other parks.

AlterNet - The U.S. Attorney’s Office for the District of Columbia reopened the matter in 2019 under the code name “Tropic Vortex.”

Alternet - The alleged 2016 disclosure concerned a Foreign Intelligence Surveillance Court order involving Yahoo.

Alternet - Andrew Weissmann identified the judge handling the criminal information as Trevor McFadden, a federal judge in Washington, D.C.

CBS News - The Comey case is being heard in federal court; the judge handling the separate threats case is in North Carolina.

Alternet - The criminal information was filed before federal judge Trevor McFadden in Washington, D.C.

WHEN:

CNN - The hearing took place Friday.

Alternet - President Trump’s post said the golf course would close on “Nov. 15.”

Alternet - The article says the Comey matter is unfolding ahead of next week’s midterm elections.

CBS News - The North Carolina judge overseeing Comey’s separate threats case had not yet ruled on his dismissal motions.

Alternet - Federal authorities began examining the disclosure in early 2017.

CBS News - The alleged disclosure occurred on October 5, 2016. The Justice Department said it filed the information to preserve its case before the 10-year statute of limitations expired.

CBS News - After an emergency hearing, the Justice Department agreed not to seek an indictment for 30 days.

CBS News - Comey’s earlier indictment was in September 2025; the seashell-related charge was brought in 2026.

WHY:

Alternet - The article said the Justice Department’s actions against Comey were among politically charged department actions ahead of the upcoming midterm elections.

Alternet - Weissmann said the Justice Department pursued the more serious charge at the 10-year limitations threshold because the five-year option fell during the previous administration. He said the effort could signal to federal law enforcement that people who acted against Trump would face the fullest possible punishment, and said Trump may view the case as connected to the origins of the Mueller investigation and Gen. Michael Flynn’s role in its early events.

CBS News - Comey’s lawyers said two U.S. attorneys’ offices investigated the alleged disclosure and declined to bring charges.

CBS News - Comey’s lawyers have argued that the cases against him are politically motivated.

Alternet - Weissmann said the government’s decision to pursue the most serious charge at the 10-year mark could send a message that people who acted against Trump would be punished to the fullest extent, and linked Trump’s outlook to the origins of the Mueller investigation.

HOW:

CNN - Prosecutors argued that “indictment” in the applicable law should be understood broadly as a charging act, not only a grand jury’s return of charges.

CNN - The Justice Department argued that “indictment” in the applicable law should be read broadly to mean a charging act, not only a grand jury’s return of charges.

Alternet - Andrew Weissmann said the Fifth Amendment requires a grand jury to charge someone with a federal felony. He said prosecutors presented evidence against Cassidy Hutchinson to a grand jury, which did not accept it.

CBS News - Rather than obtain a grand-jury indictment, prosecutors filed a criminal information, which does not require grand-jury approval or a magistrate judge’s probable-cause finding.

Alternet - Weissmann said a defendant may agree to proceed by information, for example when cooperating with a broader investigation; he said the government had not obtained Comey’s agreement.

Alternet - Weissmann said the lower-level version of the alleged offense has a five-year limitations period, while the more serious charge has a 10-year period.

(UPDATED October 30, 2026 22:00 UTC)

Prosecutors are seeking a grand-jury indictment against James Comey, citing additional evidence. Comey’s lawyers oppose the filing, saying he never agreed to proceed without an indictment. A judge may consider the indictment before deciding whether the case can proceed.

(UPDATED October 30, 2026 19:05 UTC)

Prosecutors told a judge they’re seeking a grand-jury indictment against James Comey, gathering additional evidence. Comey’s lawyers say the filing is invalid and time-barred; prosecutors dispute that argument. The judge called the legal issue novel, while prosecutors agreed to wait thirty days before seeking indictment.

(UPDATED October 30, 2026 18:00 UTC)

Prosecutors accused James Comey of illegally disclosing national defense information tied to a newspaper report. Comey’s lawyers seek dismissal, arguing the case is time-barred and prosecutors bypassed a grand jury. A Washington judge is considering their request.

(UPDATED October 30, 2026 17:00 UTC)

Prosecutors charged James Comey with illegally disclosing national defense information, using a filing his lawyers challenge. They argue it came too late and bypassed a grand jury; prosecutors say it remains timely. A Washington judge is considering Comey’s request to dismiss the case; he maintains his innocence.

(UPDATED October 30, 2026 15:06 UTC)

The Justice Department filed a criminal information accusing James Comey of unlawfully disclosing national defense information. Comey denies wrongdoing, while his lawyers argue the filing is invalid and time-barred. Prosecutors say the deadline hasn’t expired; they agreed to delay seeking an indictment for 30 days.

(UPDATED October 30, 2026 13:07 UTC)

The Justice Department filed a criminal information accusing James Comey of unlawfully disclosing national defense information. Comey denies wrongdoing, and his lawyers say the filing is invalid and time-barred. Prosecutors agreed not to seek an indictment for 30 days as the judge considers dismissal.

(UPDATED October 30, 2026 11:59 UTC)

Prosecutors accuse James Comey of illegally disclosing national defense information to an unauthorized recipient. Comey’s lawyers say the filing is invalid and time-barred; prosecutors disagree. The Justice Department agreed to delay seeking an indictment for 30 days.