New Comey disclosure case becomes public as defense challenges prosecution

A new case becomes public

A new federal prosecution effort against former FBI Director James Comey became public Monday, October 26, when documents were unsealed in Washington. Prosecutors allege that Comey unlawfully transmitted national defense information in 2016. Comey denies wrongdoing, and his lawyers are contesting both the allegations and the procedure used to bring them. ^{[2] [3]}

The three-page criminal information was filed October 5 in the U.S. District Court for the District of Columbia, under case number 1:26-cr-00229-TNM. It contains two counts: one alleging unlawful transmission of national defense information and another alleging a conspiracy to commit that offense. ^[1]

What prosecutors allege

The first count alleges that, on or about October 5, 2016, Comey knowingly and willfully communicated or caused national defense information to be communicated to someone not entitled to receive it. Prosecutors cite Section 793(d) of Title 18. These are accusations in a charging document, not judicial findings. ^[1]

The conspiracy count alleges that Comey acted through one or more co-conspirators to direct an unnamed individual to disclose information to a reporter for a national publication. The filing does not identify that reporter, publication or individual, and it does not specify the information allegedly disclosed. ^{[1] [4]}

A procedural challenge

The government proceeded through a criminal information rather than a grand jury indictment. The Associated Press reported that Comey’s lawyers argue that bypassing a grand jury makes this prosecution legally invalid. That is the defense’s position; the reports reviewed do not establish that a court has resolved the dispute. ^[3]

The Justice Department told CBS News it filed the information to preserve the statute of limitations and described its investigation as ongoing. The document itself is labeled a criminal information, distinguishing the filing from a grand jury indictment. ^{[1] [5]}

Comey and his lawyers respond

Comey publicly rejected the allegations Monday, saying he remained innocent and would continue fighting in court. Reuters reported that his lawyers have already asked a judge to dismiss the case. His statement also expressed continued confidence in the independent federal judiciary. ^{[2] [4]}

In a statement reproduced by Mediaite, attorney Patrick Fitzgerald said the matter concerned an October 5, 2016, New York Times article. Fitzgerald asserted that two earlier prosecution teams investigated the issue and decided against charges. Those assertions are attributed to Comey’s lawyer, rather than independently established by the brief charging document. ^[4]

Separate from earlier proceedings

The latest matter is distinct from the earlier prosecution concerning Comey’s congressional testimony, which was dismissed, and a separate North Carolina case involving a social media photograph. The new Washington filing concerns alleged conduct in 2016; the existence of other proceedings does not establish the truth of these allegations. ^[4]