Photo via NBC News

James Comey’s team in court seeking to toss out third DOJ case against longtime Trump foe

Read the original at NBC News ↗
Cite

Reilly, R. J. (2026, October 30). James Comey’s team in court seeking to toss out third DOJ case against longtime Trump foe. NBC News. https://www.nbcnews.com/politics/justice-department/james-comey-team-court-seeking-toss-third-doj-case-longtime-trump-foe-rcna606394

Dated from the outlet's own feed. Check the original for its byline.

NBC News · collected 2026-10-30 · by Ryan J. Reilly

Quick Summary

James Comey's legal team will appear in court on Friday to try and dismiss a third federal criminal case against him initiated by the Trump administration since September 2025. The latest case, brought directly by the government without a grand jury indictment, alleges that Comey authorized an FBI staff member to speak with a New York Times reporter to correct misinformation about classified information in October 2016, exactly ten years before the current charges were filed. Legal experts question the method used by the Justice Department to file these charges and suggest it undermines the government's case.
Written by AI on 2026-10-30, from this article's own text only (the story summary below draws on all the coverage).

AI analysis

Story summary

The Trump administration is attempting to prosecute former FBI Director James Comey for a third time, alleging he disclosed classified information. This new case was filed on October 5, exactly ten years after a story in the New York Times discussed Yahoo’s compliance with a secret order from the Foreign Intelligence Surveillance Court. Comey's lawyers argue that earlier investigations concluded no charges should be brought and maintain his innocence. The legal battle is scheduled to take place in a federal courtroom where Comey’s team will seek to dismiss the latest case on Friday, October 30, 2026. This prosecution follows a judge’s ruling on the same day that found the administration illegally fired Comey's daughter from her Justice Department position.

Written for “James Comey Faces Third Federal Case” on 2026-10-30, grounded in this article and the 10 other(s) covering the same event.
Why this leaning score
The article's own words the score was based on. Each is quoted verbatim and was checked against the article text before being stored, so you can find it in the original.
Reading Leans strongly left (beta estimate) Confidence high 2 quote(s) discarded as not found in the article
Leaning: leans strongly left for article 116830 (high confidence, 2 verified quotes) · logged 2026-10-30

Story

📰 James Comey Faces Third Federal Case
Politics · 11 article(s) covering the same event. Compare every outlet's account →

Compared with similar articles

This article reads leans strongly left and hedges 4% of its claims. Each row says how that neighbour differs.
The Guardian
⚖️ Leans left further right than this Hedges 0 of 19 claims Outlet record 66/100
NBC News
⚖️ Leans left further right than this Hedges 0 of 15 claims Outlet record 60/100
“The articles describe different legal proceedings involving James Comey and his daughter, not the same specific incident.”
The Independent
⚖️ Leans left further right than this Hedges 2 of 11 claims Outlet record 59/100
“The articles describe different legal proceedings involving James Comey's daughter and James Comey himself, not the same specific incident.”
New York Post
Hedges 0 of 10 claims Outlet record 66/100
“The articles describe different legal actions involving James Comey's daughter and James Comey himself, not the same specific incident.”
The Guardian
Hedges 2 of 9 claims Outlet record 66/100
“The articles describe different legal actions related to James Comey's daughter and James Comey himself, not the same specific incident.”
The Independent
Hedges 5 of 21 claims Outlet record 59/100
“The articles describe different legal proceedings involving James Comey's daughter and James Comey himself, not the same specific incident.”
Washington Examiner
⚖️ Leans left further right than this Hedges 0 of 4 claims Outlet record 70/100
“The articles describe different legal actions: one about Maurene Comey's firing being ruled illegal, and another about James Comey facing a third federal criminal case.”
Times of India
Hedges 2 of 10 claims Outlet record 59/100
“The articles describe different legal actions involving James Comey and his daughter Maurene, not a single specific incident.”
Daily Mail
⚖️ Leans left further right than this Hedges 0 of 5 claims Outlet record 68/100
“The articles describe different legal actions involving James Comey and his daughter, not the same specific incident.”
Fox News
⚖️ Leans left further right than this Hedges 1 of 16 claims Outlet record 70/100
“The articles describe different legal proceedings related to James Comey and his family, not the same specific incident.”
How this article was measured signals, leaning charts, publisher record, byline, topics and claims

Signals How these are calculated →

Claims extracted
24
sentences that state something as happening or true
Uncertain
4%
1 of 24 hedged ("reportedly", "may", "according to")
Leaning
Leans strongly left
of the writing, not the subject · beta estimate
Publisher signals
60/100
NBC News's corrections and hedging, across everything collected from it. Not a measure of accuracy.
Outlets on this story
11
Politics
Same framing elsewhere
1
articles that frame the event the way this one does
Analyzed 2026-10-30 · how these are computed

How this is being covered How these are calculated →

Article leaning vs. publisher reliability
Source leaning vs. consistency

Publisher

NBC News · 1903 article(s) · 1 correction(s) detected
Running correction rate · 1 correction(s)

Who wrote this

Ryan J. Reilly
8 article(s) here · 1 carrying a prediction
🔮 Attorneys for former FBI Director James Comey will be in court Friday seeking to toss out the third federal criminal case the Trump administration has brought against him in the past 13 months.
🔮 A person whose name is redacted in the complaint told Fields that an investigation would be opened because “the President wants this investigation,” Fields’ whistleblower complaint says.
🔮 Former special counsel Jack Smith, who brought two since-dismissed federal criminal cases against Donald Trump, is expected to face questions on Tuesday from the president’s allies in the Senate about his handling of his investigation into Trump’s efforts to overturn his 2020 election loss in the lead-up to the Jan. 6 attack on the U.S. Capitol.
🔮 The FBI said he confessed after his arrest, but his legal team has noted that he was diagnosed with autism and is expected to seek to have the confession tossed based on his disability or argue he was coerced.
🔮 Comey, who has not entered a plea yet in the case, had been set to be arraigned on Wednesday at a federal courthouse in New Bern, North Carolina, but Flanagan pushed the arraignment until January.
2026-09-25 · assertive framing · James Comey seashells case delayed until early 2027
🔮 Following several heated exchanges with Senate Democrats, Patel told Sen. Chuck Grassley, R-Iowa, that he “would appreciate it if you concluded this hearing.”
🔮 After Wainstein reached out to diGenova after he accepted the subpoena Thursday, diGenova wrote that he would “arrange counsel” to speak with them.
🔮 Republicans on the Senate Judiciary Committee on Tuesday are expected to advance Todd Blanche’s attorney general nomination after it had been delayed over concerns from two Republican senators on the panel.
Also by Ryan J. Reilly
Nothing else under this byline is closely related to this article, so these are simply their most recent.
All 8 articles by Ryan J. Reilly →

Topics

FBI Instagram Virginia WASHINGTON the Eastern District of North Carolina

Subjects

Comey PERSON · 11× FBI ORG · 3× Krissoff PERSON · 3× Trump PERSON · 3× WASHINGTON GPE · 2× Donald Trump’s PERSON · 1× James Comey PERSON · 1× Lindsey Halligan PERSON · 1× Virginia GPE · 1× the Eastern District of North Carolina GPE · 1×

Narrative

The case was brought under seal on Oct. 5, exactly 10 years after a story ran in The New York Times that discussed how Yahoo had been complying with a secret order from the Foreign Intelligence Surveillance Court that led to the systematic scanning of email traffic from users of its email service.
framing: assertive · carried by 1 article(s) · first seen 2026-10-30
🔮 Attorneys for former FBI Director James Comey will be in court Friday seeking to toss out the third federal criminal case the Trump administration has brought against him in the past 13 months.

Claims (24 extracted, 1 hedged)

Attorneys for former FBI Director James Comey will be in court Friday seeking to toss out the third federal criminal case the Trump administration has brought against him in the past 13 months. asserted
administration → seek → months
Comey, who has long been a target of Donald Trump’s since the president fired him nearly a decade ago, is facing a case involving two alleged crimes that date back to 2016. asserted
that → fire → 2016
His attorneys contend there’s no valid case against him: The government didn’t secure an indictment from a grand jury before the statute of limitations of 10 years expired. asserted
statute → contend → years
It was the third case against Comey since September 2025, when a Trump-aligned attorney convinced a federal grand jury to return an indictment against Comey in the Eastern District of Virginia. asserted
attorney → align → Virginia
That case was later tossed because the attorney, Lindsey Halligan, was found to have been unlawfully acting as a federal prosecutor. asserted
attorney → toss → prosecutor
Then came the seashells case: A federal grand jury in the Eastern District of North Carolina indicted Comey over an Instagram photo he posted with seashells arranged to spell out “8647,” which prosecutors contended was a threat against the president. asserted
prosecutors → come → president
Comey’s team has moved to dismiss that case on several grounds and says the picture was clearly not intended as a threat. asserted
picture → move → threat
The term “86” is widely known in the restaurant world to mean the kitchen is out of a dish. asserted
kitchen → know → dish
A federal judge has not yet ruled and knocked back the trial until 2027. asserted
judge → rule → 2027
The latest case centers on the allegation that Comey, while FBI director in October 2016, authorized his staff to speak to a New York Times reporter to correct the record about another report that dealt with classified information. asserted
that → center → information
The case was brought under seal on Oct. 5, exactly 10 years after a story ran in The New York Times that discussed how Yahoo had been complying with a secret order from the Foreign Intelligence Surveillance Court that led to the systematic scanning of email traffic from users of its email service. asserted
that → bring → service
The case against Comey was not the result of a grand jury indictment or a criminal complaint evaluated by a judge, but rather through a criminal information filed directly by the government, with no judge sign-off. asserted
case → evaluate → sign
Comey’s team believed that the government intended to secure an arrest warrant and execute an after-hours arrest on the Friday before Columbus Day weekend to ensure Comey sat in jail over a long holiday weekend. asserted
Comey → believe → weekend
Legal experts questioned the mechanism that government attorneys used to bring the case. asserted
attorneys → question → case
“They brought the case in such a way that undermines their complaint in the first place,” said former federal prosecutor Sarah Krissoff. asserted
Krissoff → bring → place
“If they had a case, then they should have written out the charges in a complaint and gotten a judge to sign it, or they could have presented it to a grand jury.” uncertain
they → have → jury
Krissoff called the Justice Department’s handling of the situation “disturbing.” asserted
Krissoff → call → situation
“Somebody is dictating this process, saying, ‘Bring the case,’” Krissoff said. asserted
Krissoff → dictate → case
“The case is going to go nowhere.” asserted
case → go → ?
U.S. District Judge Trevor McFadden ordered the case unsealed Monday and set a hearing for Friday on Comey’s motion to dismiss. asserted
case → order → motion
The Comey hearing comes at the end of a week focused on political cases in federal court in Washington, where a federal grand jury rejected the Trump administration’s attempts to indict Cassidy Hutchinson, a star witness for the House Jan. 6 committee. asserted
jury → come → committee
Separately, a federal magistrate judge held days of hearings to examine the validity of charges brought by criminal complaint against two former FBI employees who had been targeted by Trump allies on Capitol Hill. asserted
who → hold → Hill
“We have grand juries that are holding tight to the rule of law and actually asking questions most likely and requiring real evidence to be presented to them,” Krissoff said. asserted
Krissoff → have → them
“As a citizen, I’m sitting here saying, ‘Thank goodness for the federal judiciary,’ because they’re holding our country together, in my view.” asserted
they → sit → view
💬Give feedback
🕘History 🎫Support