The U.S. Department of Justice’s (DOJ) effort to preserve a national defense information case against James Comey turns on whether a criminal information can keep the prosecution within the 10-year limit. A federal hearing on his request to dismiss the case is scheduled for Friday, Oct. 30, CBS News reported.
Prosecutors say Comey allegedly transferred protected defense material to someone who was not permitted to receive it, linking the alleged conduct to a 2016 New York Times article. The alleged disclosure occurred Oct. 5, 2016. The department filed the criminal information on Oct. 5, 2026, saying the alleged offense carries a 10-year statute of limitations and that the filing preserved the government’s case.
Comey’s lawyers argue the deadline had expired and the information did not preserve the prosecution. The department said the motion was untimely because no indictment had been returned, leaving no indictment for the judge to dismiss. It also maintains that a criminal information is an authorized charging document in a felony case.
According to Comey’s court filings, two U.S. attorneys’ offices investigated the alleged disclosure and declined to bring charges. Comey’s attorneys said the department agreed to a 30-day pause on seeking an indictment after an emergency court hearing earlier in October. EconoTimes previously covered the dispute over the 10-year deadline.
CBS News described this as the department’s third attempt to charge Comey in just over a year. A judge dismissed a 2025 indictment accusing him of lying to Congress after finding the prosecutor who brought it was unlawfully appointed. Friday’s hearing will address the defense request to dismiss the current case.
