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Lawyers for Ex-FBI Director James Comey Will Ask a Judge to Block Justice Department Prosecution

Comey’s lawyers argue the Justice Department missed the 10-year deadline and bypassed a grand jury in filing the leak case.

  • On Friday, lawyers for former FBI Director James Comey will ask U.S. District Judge Trevor McFadden to block the Justice Department's third criminal case against him in Washington.
  • Federal authorities began investigating the decade-old leak in early 2017, which involved a secret court order requiring Yahoo to scan emails; prosecutor John Durham closed the matter in early 2020 without charges.
  • Court documents unsealed Monday show the Trump administration bypassed a grand jury and filed a "criminal information" charging document. Comey's lawyers contend the case is legally invalid.
  • Comey said in a video statement Monday it would "almost be funny if it weren't such an appalling abuse of the Department of Justice." The prosecution is part of politically charged investigations before next week's midterm elections.
  • The former FBI director faces a separate pending indictment regarding an Instagram photo of seashells; authorities claim it threatened President Donald Trump, continuing tensions dating to Comey's May 2017 firing.
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Judge hears arguments over James Comey's request to throw out latest DOJ allegations against him

James Comey, former director of the Federal Bureau of Investigation, during an interview in Salzburg, Austria, on June 21, 2019. (Alex Kraus/Bloomberg via Getty Images) A federal judge on Friday did not immediately rule on a request

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Owensboro Messenger-Inquirer broke the news on Friday, October 30, 2026.
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