Now, first, everyone is innocent until proven guilty. This author said the other day that an indictment or criminal charges in general doesn’t mean much to him, beyond the likely promise of a trial, and we apply that principle equally. Still, this is inescapably news:
Read the criminal information here: https://t.co/irL2yZNzql
— SCOTUS Wire (@scotus_wire) October 26, 2026
This would be the third set of charges against him.
The first was dismissed over a dispute about the appointment of a U.S. Attorney, because suddenly the courts have decided that a president can’t choose his or her own U.S. Attorneys. That case involved allegedly false statements and obstruction, related to his testimony before Congress and it was filed in Virginia. It did not represent a finding that Comey was innocent or anything like that — though we would default back to the presumption of innocence.
The second was filed in North Carolina and involved his dumb threat against Trump using seashells.
And this is… not an indictment but an Information. As explained here…
— CommunityCorner (@EdenfieldPl) June 25, 2020
…an ‘Information’ is issued by a U.S. Attorney and it is not issued by a grand jury. This is apparently being done in this case just to toll — meaning hold, more or less — the statute of limitations in this case.
DOJ spokesperson statement:
— Kaitlan Collins (@kaitlancollins) October 26, 2026
“The Department filed a waiverless criminal information to toll the statute of limitations as it relates to allegations concerning former FBI Director Comey. Filing a criminal information to toll the statute of limitations is a widely recognized…
The cut off text:
Filing a criminal information to toll the statute of limitations is a widely recognized practice in federal court and has been approved by multiple Circuit Courts of Appeals. This is an ongoing criminal investigation, and we will not comment further.”
Indeed, a quick examination suggests that the statute of limitations would have run out on October 5, 2026, which is the date that this 'Information' was originally filed. The document has only been revealed today.
In the Information, the government alleges essentially that he leaked government secrets to a third party not authorized to receive it, and that he conspired with ‘known and unknown’ others to do it.
It is also worth noting that this was filed in Washington, D.C. That seems like the jurisdiction that would be the most friendly to Comey.
Stay tuned.
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