Key Facts

• Prosecutors allege Comey transmitted national defense information to an unauthorized person in connection with a 2016 New York Times article.
• The alleged disclosure took place on Oct. 5, 2016.
• The Justice Department filed a criminal information earlier this month; Comey has not been indicted or formally charged by criminal complaint in this case.
• Comey’s lawyers argue the case is time-barred and say two U.S. attorneys’ offices previously investigated the disclosure and declined to bring charges.
• The Justice Department argues that the 10-year statute of limitations applies and that a criminal information can substitute for an indictment in a felony case.
• After an emergency hearing earlier this month, prosecutors agreed not to seek an indictment for 30 days, according to Comey’s court filings.
• In September 2025, a judge dismissed a separate indictment accusing Comey of lying to Congress, ruling that the prosecutor who oversaw it was unlawfully appointed.
• Comey also faces a separate case over a social media post that prosecutors say threatened President Donald Trump; the judge has not ruled on his motions to dismiss that case.