DOJ Seeks Grand Jury Indictment of Comey in Defense Secrets Case

The Justice Department is actively working to secure a grand jury indictment against former FBI Director James Comey for allegedly directing the sharing of secret national defense information, a federal prosecutor said in court Friday.

(Bloomberg) -- The Justice Department is actively working to secure a grand jury indictment against former FBI Director James Comey for allegedly directing the sharing of secret national defense information, a federal prosecutor said in court Friday.

“We are still going to the grand jury very diligently,” Special Assistant US Attorney Dustin Farahnak said in a hearing at the US District Court for the District of Columbia. The proceeding focused on Comey’s motion to toss a criminal information — a charging document — filed in Washington on the eve the statute of limitations was set to expire.

Comey, a frequent DOJ target under the second Trump administration, is accused of being involved in the communication of classified information to the New York Times in October 2016. DOJ said it filed the charging document “to toll the statute of limitations” as it relates to the allegations.

Comey’s attorneys argue the criminal information is untimely and that the statute requires an indictment be filed within the 10 years.

Farahnak told Judge Trevor McFadden that the grand jury process is still playing out, and that DOJ has evidence showing potential additional actions that would fall within the statute of limitations, including as recently as April 2017.

DOJ is attempting to keep the prosecution alive as Comey’s attorneys push for McFadden to not wait for an indictment to toss the case. Ephraim McDowell of Cooley LLP noted in court Friday that FBI agents have been spotted outside his house.

There shouldn’t be an arrest “threat hanging over Mr. Comey’s head,” McDowell said.

The case is USA v. Comey, D.D.C., No. 1:26-cr-00229, 10/30/26.

To contact the reporter on this story: Celine Castronuovo in Washington at ccastronuovo@bloombergindustry.com

To contact the editor responsible for this story: Ellen M. Gilmer at egilmer@bloomberglaw.com