Stoping the Clock on the Statute of Limitations in the James Comey Case

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 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. https://t.co/dub684vDyh

— DOJ Rapid Response (@DOJRR47) October 26, 2026

… been approved by multiple Circuit Courts of Appeals. This is an ongoing criminal investigation, and we will not comment further.


Grok—
The DOJ rapid response account announces the filing of a waiverless criminal information in DC federal court on October 5, 2026, to toll the statute of limitations on allegations that former FBI Director James Comey transmitted national defense information in October 2016, violating the Espionage Act.

This method allows prosecutors to file charges directly without a grand jury or defendant waiver, a practice upheld by multiple federal appeals courts to preserve ongoing investigations when SOL deadlines approach.

The unsealed case represents the third federal charging effort against Comey, distinct from a prior dismissed 2025 false statements case and a separate North Carolina threat allegation, with Comey's attorney affirming his innocence.

"To toll" the statute of limitations means to pause, suspend, or interrupt the running of the legal deadline so that the time limit does not expire while the government continues its investigation or prepares further charges.

In this specific case, the DOJ filed a “waiverless criminal information” on the exact day the 10-year period would otherwise have ended (October 5, 2026). By doing so, they claim the filing “tolls” (stops the clock on) the statute of limitations, preserving their ability to later seek a full grand-jury indictment and prosecute the alleged 2016 disclosure of national-defense information.

Comey’s lawyers dispute whether this procedural step is legally effective for these particular charges.