NACDL - United States v. Comey (D.D.C.)

United States v. Comey (D.D.C.)

The Information charges Comey, the former head of the FBI, with leaking classified information to a person not entitled to receive it (widely believed to be a NYT reporter) and with conspiring with others to do so. The information was filed on the last day of the 10 year statute of limitations for the crimes in issue. Early motions practice focuses on whether the statute of limitations applicable to Section 793 is tolled by the filing of an information, or requires an indictment.

Case Details

Case No.: 1:26-cr-00229
Case Filed: October 16, 2026
Jurisdiction: D.D.C.
Charges: 18 U.S.C. 793(d), 18 U.S.C. 793(g)
Judge: McFadden, Trevor
US Attorney: Farahnak, Dustin
Defendant(s): Comey, James Brien Jr.
Defense Attorney: Fitzgerald, Patrick, J.

Key Topics in the Case

Leak of Classified Information

Case Analysis

Login is required to view the "Case Analysis" section of the Case Tracker. This content is limited to defense practitioners. Please log in or create a free NACDL account to continue. Non-NACDL members will be prompted to complete a brief attorney attestation form before access is granted.

Case Files

ECF: 1 - 10/05/26 - Government - Information

Information

a-gov-uscourts-dcd-297297-1-0.pdf
ECF: 6 - 10/09/26 - Defense - Motion to Dismiss - MTD and for emergency hearing

MTD and for emergency hearing

b-gov-uscourts-dcd-297297-6-0.pdf
ECF: 11 - 10/16/26 - Defense - Motion to Dismiss

Motion to Dismiss

c-gov-uscourts-dcd-297297-11-0.pdf
ECF: 12 - 10/23/26 - Government - Other - Gov't response to MTD

Gov't response to MTD

d-gov-uscourts-dcd-297297-12-0.pdf

Continue reading below

Suggest a Case

Know of a federal case that departs from traditional enforcement norms? Let us know.

Suggest a Case

Resources

News of Interest

Case Tracker Feedback

Help us improve the Unusual Case Tracker by sharing your experience and suggestions.

Take Brief Survey

Supported by NFCJ

The NACDL Foundation for Criminal Justice preserves and promotes the core values of the National Association of Criminal Defense Lawyers and the American criminal justice system.

Support Us Now