DOJ Charges Former FBI Director Comey With National Defense Information Offenses

Analysis
Confidence is high because four outlets report one unsealed record consistently, but that convergence reflects a single documentary source rather than independent access, and no court has tested tolling by information. Prosecutors filed under seal on the last possible day, and Comey cannot be tried on an information unless he waives indictment, so DOJ still needs a grand jury. It is unlikely that Judge McFadden grants Comey's motion to dismiss the criminal information by December 15, 2026. McFadden's comment that sealing usually aids apprehension signals scrutiny of the sealing rationale but does not resolve the limitations question. The information may be a pure tolling device, so the delay it buys could matter more to DOJ than any ruling. This is a third DOJ effort after the North Carolina indictment and the dismissed Virginia case. If dismissal is denied, DOJ can seek an indictment and Comey's counsel must prepare a trial defense and appeal the tolling theory; if granted, limitations ends the 2016 disclosure theory.