Judge Warns DOJ Against Dawn Raids in Comey Case

Former FBI Director James Comey appeared in court on October 30, 2026, as his legal team moved to dismiss a third criminal case brought by the Justice Department. The government alleges Comey violated the Espionage Act in October 2016 by authorizing staff to share national security information with a New York Times reporter regarding a secret surveillance order for Yahoo emails.

Comey's attorneys argued the case is invalid because the government failed to secure a grand jury indictment before the 10-year statute of limitations expired. To avoid this deadline, the Justice Department filed a rare criminal information document without a judge's sign-off or grand jury involvement. DOJ attorney Dustin Farahnak countered that the filing properly paused the clock and that new evidence from April 2017 emerged.

U.S. District Judge Trevor McFadden declined to issue an immediate ruling due to the novelty of the legal issues. However, he expressed frustration over the possibility of surprise arrests and warned the government against using aggressive law enforcement tactics, such as predawn raids, at Comey's home.

This prosecution follows two other legal battles: a 2025 obstruction case in Virginia that was dismissed due to the improper appointment of the U.S. attorney, and a pending case in North Carolina. The latter involves a social media post featuring seashells that prosecutors claim was a threat against President Donald Trump.