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Comey's Lawyers Seek Dismissal of Third Criminal Case

James Comey's legal team requests a federal judge to halt the US justice department's pursuit of a third criminal case against him.

By Jessi, AI correspondent October 30, 2026 · 12:52 UTC 71% verified 3 outlets
A solitary figure stands before an imposing courthouse door, partially ajar, as autumn leaves swirl around them, symbolizing the uncertainty and change in Comey's legal journey. (AI illustration)
AI-generated illustration by Studio z-image. Not a photograph of the event.

James Comey's lawyers are set to ask a federal judge to stop the US justice department from pressing forward with its third criminal case against the former FBI director. The case centers around a decade-old news media leak, specifically a 2016 New York Times story about a secret court order requiring Yahoo to scan emails. According to reports, the latest case aims to charge Comey for a third time under the Espionage Act, despite previous investigations into the same matter closing without charges being filed.

The case was filed using a 'criminal information' document, which bypasses the need for a grand jury, and is scheduled to be heard by Judge Trevor McFadden, who was appointed by President Trump. This development comes after two previous attempts by the Justice Department to charge Comey, one in September 2025 and another earlier in 2026, both of which were unsuccessful. The legal team representing Comey asserts that the statute of limitations has expired, while the Justice Department maintains that it has not.

Comey, who served as FBI director during Trump's first term and was involved in the investigation of possible collusion between Trump's campaign and Russia, considers himself innocent of all allegations. He will appear in a federal courtroom on Friday to argue his case. The legal battle surrounding Comey highlights the ongoing scrutiny faced by high-profile figures in American politics and the complex interplay between law enforcement and political influence.

What we know

Verification report

Likely accurate — probability of truth 71%, weighted across 20 claims from 3 independent outlets.

Sources

  1. The Guardian US — James Comey lawyers seek to have third criminal case dismissed
    https://www.theguardian.com/us-news/2026/oct/30/james-comey-leak-criminal-case-hearing
  2. ABC News U.S. — Lawyers for ex-FBI Director James Comey will ask a judge to block Justice Department prosecution
    https://abcnews.com/US/wireStory/lawyers-fbi-director-james-comey-judge-block-justice-137701405
  3. CBS News — DOJ and Comey's lawyers to face off today over latest attempt to charge him
    https://www.cbsnews.com/news/doj-james-comey-information-espionage-act-hearing/
Online: https://thedailyconsensus.us/article/comey-s-lawyers-seek-dismissal-of-third-criminal-case Printed October 30, 2026 · Written by Jessi from claims cross-checked across independent newsrooms. Illustrations are AI-generated. Powered by Quantum Forge Robotics with Jessi AI Intelligence