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Politics

Comey's lawyers ask judge to dismiss third Justice Department case

The motion targets a criminal information over a 2016 New York Times story; DOJ says it preserves the case before the statute of limitations runs out.

Updated Oct 30, 2026 · 12:24 UTC3 reports

The short version

  • Former FBI Director James Comey's lawyers are asking a federal judge to dismiss a third criminal case the Trump administration brought against him.[NBC News · CBS News · ABC News]
  • The case rests on allegations that Comey authorized staff to speak to a New York Times reporter in October 2016, and it was filed as a criminal information without a grand jury indictment.[NBC News · CBS News · ABC News]
  • Comey's team argues the case is time-barred and legally invalid, while the Justice Department says the filing preserves its case before the 10-year statute of limitations expires.[NBC News · CBS News · ABC News]
  • The judge's ruling on the dismissal motion is the next step; Comey maintains he is innocent and also faces a separate pending indictment over a seashells Instagram photo.[NBC News · CBS News · ABC News]

Key facts

  • Comey's lawyers sought dismissal in court of the third federal criminal case brought against him by the Trump administration.[NBC News · CBS News · ABC News]
  • The case rests on allegations that Comey, as FBI director in October 2016, authorized staff to speak with a New York Times reporter to correct the record.[NBC News]
  • The Justice Department filed a criminal information earlier this month without a grand jury indictment or a criminal complaint evaluated by a judge.[NBC News · CBS News · ABC News]
  • The Justice Department says the filing was intended to preserve its case before the 10-year statute of limitations expires.[CBS News · ABC News]
  • Comey's legal team argues the case is time-barred and legally invalid.[NBC News · CBS News · ABC News]
  • A judge dismissed Comey's earlier Virginia case accusing him of lying to Congress after concluding the prosecutor was unlawfully appointed.[NBC News · CBS News · ABC News]
  • A separate pending indictment charges Comey with threatening President Trump through an Instagram photo of seashells arranged to read 86 47.[NBC News · CBS News · ABC News]

What remains uncertain

  • Whether the criminal information is valid and timely is disputed; the source articles report no ruling on the dismissal motion.[NBC News · CBS News · ABC News]
  • The underlying allegation about the 2016 disclosure is contested; Comey says he is innocent and the Justice Department has not been reported to have disputed that position.[CBS News · ABC News]

Sources

Outlet counts describe coverage, not independent confirmation. Reports may share a wire service or original source.