DOJ Uses Criminal Information To Bring Third Case Against James Comey
On Monday, October 26, 2026, federal court documents unsealed in Washington show the Justice Department is moving to prosecute former FBI Director James Comey for allegedly disclosing classified information.[1]
The filings show prosecutors used a criminal information to bring the charge, bypassing a grand jury.[1] Comey's lawyers say that bypass makes the prosecution legally invalid.[1] Court records and reporting show this would be the third criminal case the Justice Department has brought against Comey since President Donald Trump returned to the White House last year.[2] Comey responded on camera, saying, "I'm still innocent. I'm still not afraid of these people and I still believe in the independent federal judiciary." CBS News
Since President Donald Trump returned to the White House last year, the Justice Department has already brought two prior criminal cases against Comey, making this filing a marked escalation.[1] Prosecutors' choice to proceed by criminal information rather than seeking a grand jury indictment departs from normal practice and is being framed in filings as an unusual legal maneuver.[1]
The immediate legal fight will focus on whether a judge accepts the information without a grand jury and on the defense's argument that the procedure makes the case invalid.
Show source details & analysis (3 sources)
📌 Key Facts
- On Monday, October 26, 2026, documents unsealed in federal court in Washington show the Trump administration is attempting to prosecute former FBI Director James Comey for disclosing classified information (documents).
- The Justice Department is employing the unusual maneuver of bypassing a grand jury and proceeding instead by criminal information in this matter.
- The newly unsealed filing would constitute the third criminal case the Justice Department has brought against Comey since President Donald Trump returned to the White House last year.
- CBS reported that court records show the Justice Department is working to bring a third criminal case against Comey (court records).
- Comey's lawyers argue that the DOJ's bypassing of a grand jury makes the case legally invalid (Comey's lawyers).
- Comey responded on camera, saying, "I'm still innocent. I'm still not afraid of these people and I still believe in the independent federal judiciary" (Comey).
📰 Source Timeline (3)
Follow how coverage of this story developed over time
- On Monday, October 26, 2026, a CBS News segment reported that court records show the Justice Department is working to bring a third criminal case against former FBI Director James Comey.
- Comey responded in an on-camera statement saying, "I'm still innocent. I'm still not afraid of these people and I still believe in the independent federal judiciary."
- On Monday, October 26, 2026, documents were unsealed in federal court in Washington showing the Trump administration is attempting to prosecute former FBI Director James Comey for what it calls disclosing classified information.
- The Justice Department is employing the unusual maneuver of bypassing a grand jury in this case, proceeding instead by criminal information.
- Comey's lawyers argue that DOJ's bypassing of a grand jury makes the case legally invalid.
- The newly unsealed filing would constitute the third criminal case the Justice Department has brought against Comey since President Donald Trump returned to the White House last year.