It remains unclear how the Justice Department might proceed. The move would be a major escalation of the Trump administration’s recent attacks against the news media.
Page B54From§Eachthe afternoon edition — 8 November 2026
THE FILING
Justice Department discusses naming as co-conspirator the newspaper Comey's own lawyers say received the leak.
As it ran on the front
I have read charging documents for a living long enough that this one took three reads before I believed the plain meaning of the sentence. On October 26, the Justice Department charged James Comey a third time — two counts of leaking information related to national defense, filed in federal court in Washington. The filing, The Guardian noted, gives few details about what was leaked, or to whom. Few details is what a charging document is for.
Two counts, same leak. Two earlier FBI investigations had already looked at this disclosure and closed without charges.…
…(cont) Comey's lawyers say it is the same leak, and on October 27 they told The New York Times something more specific — that the 2016 disclosure at the center of the case was a disclosure to The Times itself. That is the defense's account, offered by the defense, and I note it here so the reader can weigh it as that and nothing more. On October 30 those same lawyers asked a federal judge to dismiss the case outright, calling a third prosecution of one closed leak an exercise the court should not indulge. The judge set a hearing for Friday.
Prosecutors building the Comey case had discussed, internally, naming The Times a co-conspirator. Not a witness. Not a source. A co-conspirator — in a case where, by the defense's own account, The Times' only documented role was receiving the thing the government is prosecuting someone else for sending. The Times is careful about what it knows here, and I'll match that care: it remains unclear how the department might proceed, the paper reports, and nothing has been decided. All together now: the office that twice found no leaker to charge is now discussing whether the newspaper that got leaked to should be charged alongside him.
The Times called the prospect a major escalation of the administration's attacks on the press. I'd call it the logical next sentence in a document that has already run two investigations into the ground looking for someone, anyone, to name. Nobody has filed anything yet. They have only talked about it, out loud, inside the building that files things.
“This is the oldest move in the book: you can't convict the leak, so you threaten the only phone number you can actually find, which happens to be the newsroom. They lost twice looking for the leaker and now they're sizing up the paper for the job instead. That's not law enforcement, that's a warning shot at any outlet covering this administration.”
“Look, nobody's filing anything, they're having an internal conversation — that's just what offices do. Is it unusual to talk strategy before you file? No. Did I just defend discussing turning a newspaper into a criminal defendant like it's a Tuesday staff meeting... that doesn't sound like me.”
Earlier in this story
- Mayor threatens third lawsuit against ICE in a month, files none. By The Wrecking Crew · the morning edition, 2 November 2026
- Justice Department charges James Comey a third time Monday, over a leak two earlier FBI investigations closed without charges. By The Wrecking Crew · the evening edition, 1 November 2026
The receipts
· Justice department charges ex-FBI director James Comey for third time from the morgue, 26 Oct 2026
· Trump DOJ Charges Ex-FBI Chief James Comey a Third Time from the morgue, 26 Oct 2026
· James Comey lawyers seek to have third criminal case dismissed from the morgue, 30 Oct 2026
· Justice Dept. Brings More Charges Against Comey, Accusing Him of Leaks from the morgue, 27 Oct 2026
· Who are Ilhan Omar’s lawyers? Meet the high-powered Dem attorneys the embattled rep hired from the morgue, 31 Oct 2026
· Why the Ilhan Omar saga isn't going away from the morgue, 31 Oct 2026
· Feds building case to deport ‘squad’ member Rep. Ilhan Omar as new details emerge about DHS raid from the morgue, 17 Oct 2026
· Ilhan Omar case is ‘large’ and targeting multiple people, reveals DHS Secretary from the morgue, 31 Oct 2026
· How Obama appointee and Trump nemesis Boasberg ended up overseeing Ilhan Omar warrant, other key cases from the morgue, 31 Oct 2026
· Trump push to oust Omar faces historic Supreme Court test, but legal experts see ‘uncharted’ twist from the morgue, 31 Oct 2026
· 'My Name Has Always Been Ilhan Omar': Congresswoman Calls Out 'Creep' Trump from the morgue, 23 Oct 2026
· Ilhan Omar deportation case complicated by procedural factors from the morgue, 21 Oct 2026
· DHS Secretary Mullin calls Ilhan Omar probe a "strong case" from the morgue, 16 Oct 2026
· 'This Is So Appalling': Barack Obama Delivers Blistering Rebuke of Trump's Ilhan Omar Deportation Plot from the morgue, 18 Oct 2026
· 'Part of the Fascist Playbook': Ilhan Omar Condemns Trump DHS Raid on Her Home from the morgue, 13 Oct 2026
· US federal agents raid home of Democratic congresswoman and Trump critic Ilhan Omar from the morgue, 12 Oct 2026
· Ilhan Omar’s Home Raided by DHS Following Trump-GOP Deportation Threats from the morgue, 12 Oct 2026
· Federal Agents Search Home of Rep. Ilhan Omar from the morgue, 13 Oct 2026
· Rep. Ilhan Omar’s residence searched as part of ongoing criminal investigation: DOJ from the morgue, 13 Oct 2026
· Rep. Ilhan Omar's D.C. home searched by Homeland Security investigators from the morgue, 12 Oct 2026
· Rep. Ilhan Omar’s DC home raided by DHS as part of probe into Dem’s immigration paperwork from the morgue, 12 Oct 2026
· Homan confirms 'criminal' investigation involving Ilhan Omar, says he knows 'things are going on’ from the morgue, 13 Sep 2026
· WATCH: Ilhan Omar denies feds have contacted her after border czar Homan confirms 'criminal' investigation from the morgue, 18 Sep 2026
· Could Trump revoke Ilhan Omar's citizenship for alleged brother marriage? Ex federal prosecutor breaks it down from the morgue, 29 Sep 2026
· Did Ilhan Omar marry her own brother? The claims explained from the morgue, 22 Sep 2026
· Russia’s Lavrov blasts US, Western allies as “warmongers’ in fiery UN tirade from the morgue, 26 Sep 2026
· Russia and China unite against US over Iran and Cuba in UN speeches from the morgue, 26 Sep 2026
· U.S. military lays groundwork for potential action around Cuba from the morgue, 26 Sep 2026
· The United Nations Security Council has resoundingly rejected a United States bid to extend a global arms embargo on Iran. In a Security Council vote, United States only got support from the Dominican from the morgue, 14 Aug 2020
· U.S. Threatens New Economic War on Iran by Targeting China & Tehran's Other Top Trading Partners from the morgue, 25 Aug 2026
· In Defiant UN Speech, Iranian President Says US and Israel Are the Real Terrorists from the morgue, 23 Sep 2026
· Trump slams reporting on removal of his endorsements from GOP candidate's website from the morgue, 27 Sep 2026
· Donalds removes several Trump mentions from campaign website from the morgue, 22 Sep 2026
· GOP hopeful removes ‘Pro-Trump’ mention from campaign slogan in deep-red seat from the morgue, 23 Sep 2026
· Where Trump’s 2026 endorsement record stands after primary season from the morgue, 9 Sep 2026
· U.N. experts say U.S. may have committed war crimes with 2 Iran strikes from the morgue, 22 Sep 2026
· Trump Says 'Big Decision' Coming on Whether to 'Annihilate' Iran from the morgue, 18 Sep 2026
· Pentagon No. 3 frustrates senators in closed-door briefing on Iran war, Trump defense strategy from the morgue, 17 Sep 2026
· Senate Democrats, minus Fetterman, urge Hegseth to provide receipt for Iran war costs from the morgue, 17 Sep 2026
· Hegseth on "devastation" to Iran's capabilities from the morgue, 10 Sep 2026
· Trump admits Iran war will not end before midterms from the morgue, 9 Sep 2026
· Iran War Trump Said Would Be Quick Has Now Lasted 6 Months With 'No End In Sight' from the morgue, 28 Aug 2026
· CBO Finds Trump's Iran War Has Already Cost Nearly $40 Billion—And That's a 'Conservative' Estimate from the morgue, 15 Sep 2026
· Tillis supports Hegseth impeachment resolution: 'He needs to go' from the morgue, 18 Sep 2026
· Massie Files Impeachment Articles Against Hegseth for Illegal Iran War, Boat Murders from the morgue, 15 Sep 2026
· Massie launches effort to impeach Hegseth from the morgue, 15 Sep 2026
· Tillis urges Trump to fire Hegseth over 'inept management' of military from the morgue, 2 Sep 2026
· Tillis renews calls for Hegseth’s firing after Driscoll’s departure: ‘I have never witnessed more inept management’ from the morgue, 2 Sep 2026
· Farmer who voted for Trump says farmers are "all just in survival mode" from the morgue, 18 Sep 2026
· Farmer who voted for Trump says "I can't stay in business" amid rising costs from the morgue, 18 Sep 2026
· Massie says he’s convinced enough Republicans to pass Epstein Files II discharge petition from the morgue, 18 Sep 2026
· Massie names Epstein 'coconspirators,' discusses new Epstein files legislation from the morgue, 1 Sep 2026
· Read Thomas Massie’s eight impeachment charges against Pete Hegseth from the morgue, 15 Sep 2026
· Fake Republican midterm convention site still redirects to Epstein files from the morgue, 7 Sep 2026
· Trump says he has a ‘big decision’ coming up on Iran: ‘Do I want to go in and annihilate them’ from the morgue, 17 Sep 2026
· Fox News Poll: 71% think Trump administration lacks plan to end Iran war from the morgue, 17 Sep 2026
· Iran recently downed at least 2 American drones, officials say from the morgue, 17 Sep 2026
· Big Oil Stocks Surged Due to Iran War—and New Filings Show How President Trump Cashed In from the morgue, 27 Aug 2026
· Live updates: Energy secretary downplays rising gas prices as US, Iran trade strikes from the morgue, 6 Sep 2026
· U.S. Strike on Iranian School May Have Been War Crime, U.N. Report Says from the morgue, 17 Sep 2026
· UN Inquiry Finds US Strike on Minab, Iran That Killed 123 Children Was War Crime from the morgue, 17 Sep 2026
· UN investigators conclude ‘reasonable grounds’ to believe certain US strikes in Iran were war crimes from the morgue, 17 Sep 2026
· UN Suspects US War Crimes in Iran from the morgue, 17 Sep 2026
· US Condemned for 'War Crimes' After Bombing of Wedding Party in Iran from the morgue, 2 Sep 2026
· US investigating if missile hit Iranian wedding ceremony, killing 4 from the morgue, 4 Sep 2026
· Trump says he has a ‘big decision coming up’ on Iran from the morgue, 17 Sep 2026
· White House issues explosive response to UN-backed report claiming US committed war crimes against world’s No.1 sponsor of terror, Iran from the morgue, 17 Sep 2026
· Human rights experts: 'Reasonable grounds' to believe US committed war crimes with Iran strikes from the morgue, 17 Sep 2026
· US Energy Consumers Have Spent $121 Billion Extra Since Trump Launched Iran War: Moody's from the morgue, 17 Sep 2026
· Iran downed at least 2 American drones in recent days, U.S. officials say from the morgue, 17 Sep 2026
· Iran: Account of US Air Force colonel's rescue 'fictional' from the morgue, 17 Sep 2026
· Consumer Burden of Trump Iran War Exceeds $100 Billion as Oil Prices Pass $100 a Barrel from the morgue, 9 Sep 2026
· 'A Serious and Alarming Threat': US Bombing, Blockade Deepen Iran Medical Crisis from the morgue, 9 Sep 2026
· Consumer Confidence Hits Lowest Level in Months as US Faces 'Trump's Reckless Tariffs and War With Iran' from the morgue, 25 Aug 2026
· U.S. Air Force officer rescued from Iran speaks for the first time to 60 Minutes from the morgue, 8 Sep 2026
· Rep. Thomas Massie forcing vote on Pete Hegseth's impeachment from the morgue, 16 Sep 2026
· Did Johnson Just Adjourn Congress for 7 Weeks to Avoid Massie's Impeachment Articles Against Hegseth? from the morgue, 16 Sep 2026
· The Hitchhiker’s Guide to Massie saying Johnson is sending the House home early to prevent Hegseth impeachment from the morgue, 16 Sep 2026
· ‘You’re Elected to Fight and Kill the Other Side’: How Congress Lost Its Way from the morgue, 16 Sep 2026
· Army combat veteran challenging Mike Lawler calls Hegseth national security 'hazard,' backs impeachment from the morgue, 6 Sep 2026
· Former Air Force secretary says he 'couldn't serve' in Trump administration from the morgue, 6 Sep 2026
· Former Air Force secretary: Hegseth's Pentagon 'dysfunctional' from the morgue, 3 Sep 2026
· House Republicans split over leaving Washington early for campaign trail from the morgue, 1 Sep 2026
· Since 2025, Trump Made More Stock Trades Than All 535 Congress Members Combined from the morgue, 16 Sep 2026
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.