“James Comey lawyers seek to have third criminal case dismissed”, 30 October 2026 (Photo via The Guardian — the original report)
As it ran on the front
My wife told me to leave it alone. I did not leave it alone.
I was up past midnight with this one, not because it's complicated — it isn't — but because I kept doing the arithmetic in the dark and getting the same answer. Two investigations into the same leak, both closed with nothing. A third one, open as of Monday. I'd write that down as my case notes if I could find where I put the notebook, so I'm doing this from memory, and you can check it against what's printed, because I did.…
…(cont) Here's what I keep running into, and maybe you can tell me where I've got it wrong. The two investigations that looked at this same leak closed without charges — no indictment, nothing. Did the people running the third one have anything in front of them that the first two didn't? Were there new documents nobody had the first two times? Because if there weren't, what's different about the file now.
I went out to the car around one in the morning, the way I do when I can't sleep — the fan belt's been making that sound again — and I ended up standing there with the glovebox open, going through it for no reason except my hands needed something to do. There's an old inspection sticker in there, a parking ticket I never paid, the registration, and an owner's manual I've never once opened. Four things. I know exactly what's in there because it's small enough to know, start to finish, in under a minute. A federal leak investigation isn't a glovebox. It has more people looking into it than I have hands. And it still came up with nothing, twice, before somebody opened it a third time.
The charges against Comey — two counts about leaking information related to national defense, where the charges themselves, the Guardian wrote, provide few details about what Comey is alleged to have leaked — were filed Monday, the same day Judge Jesse Furman ruled that Comey's daughter, Maurene Comey, had been illegally fired from her job as a federal prosecutor in New York, a job she'd held for a decade, with work the Guardian calls widely praised. She worked the Epstein case. She was let go in July of last year. The filing date and the ruling date land on the same square of the calendar, and that's not me reading something into it — that's what the paper printed.
He's on camera about it from that same week. "I'm still innocent. I'm still not afraid of these people and I still believe in the independent federal judiciary." That's him, saying that about himself, which a person is entitled to do, and I'm only passing it along, not grading it.
His lawyers are due in front of a federal judge this Friday, asking that the third case be thrown out before it goes any further. Nobody had to stand in front of a judge to throw out the first two. This one needs a courtroom. What does a case need a hearing for, that the other two never needed one for?
I was about done for the night — glovebox shut, coffee cold, notebook still missing — when I remembered the other thing. Actually, hang on, one more before you go. The judge who ruled Monday that Comey's daughter was illegally fired — that was the same Monday they filed count three against her father. Same calendar. Same square. Was it?
🍺
“Two investigations into the same leak closed with nothing, so this week the Justice Department opened a third — the same Monday a federal judge said that same department broke the law firing the prosecutor working the Epstein case. That's not bad luck for them, that's a pattern: find nothing on him twice, go to court anyway, lose in court on his kid the same day. The guy they can't make a case against twice runs the Justice Department that can't win one against his daughter either.”
“Look, two investigations closing doesn't mean nothing happened, it means the first two prosecutors just didn't have the goods yet — that's not exoneration, that's an ongoing process, which, okay, I hear how "ongoing" sounds after the third try, let me rephrase. The daughter situation is a personnel matter in one courtroom, it has nothing to do with a separate prosecution in another courtroom, they're just unrelated. Did I just say a federal ruling doesn't count because the timing is inconvenient? That doesn't sound like me.”
The DOJ disbanded its crypto enforcement team in April 2025 and ordered inconsistent investigations closed - while the president's family runs a crypto business CNBC, 8 April 2025 (Blanche memo)
Federal judge to hear arguments on Friday over leak case that was twice previously investigated with no action taken Lawyers for the former FBI director James Comey will ask a federal judge on Friday to block the US justice department from pursuing its third criminal case against him. Comey is an outspoken critic of Donald Trump, in open…
This page is a back-issue: the story as it ran, receipts as they were. The current edition is at the front. The byline is a pen name for a column drafted by a machine and checked by the editor: how this is made.