Prosecutors Weigh Naming The New York Times in Comey Case

Federal prosecutors said they were considering treating The New York Times as a co-conspirator in the case against former FBI Director James B. Comey.

Updated on Nov. 8, 2026 in Terrorism

Prosecutors Weigh Naming The New York Times in Comey Case

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Should the government be able to prosecute news outlets for publishing classified reporting?

During a closed-door hearing in Federal District Court in Washington on Oct. 9, prosecutor Dustin Farahnak told Judge Trevor N. McFadden the Justice Department weighed treating The Times as a criminal co-conspirator. The charges against Comey, filed Oct. 5, accuse him of making an unauthorized disclosure of national security information to the newspaper.

Why it matters

The disclosure that a news organization could be treated as a conspirator raises questions about how the government may approach reporting on national security matters. It also bears on Comey's defense, which argues the statute of limitations was not met.

Comey was charged through an information filed without judge or grand jury approval, and his lawyers have asked the court to dismiss the charges. The judge has not yet ruled on that request, and the status of any action against The Times remains undetermined.

The players

James B. Comey

Former FBI director who has been charged with unauthorized disclosure of national security information.

Trevor N. McFadden

Federal district judge in Washington presiding over the Comey case.

Dustin Farahnak

Federal prosecutor who made the co-conspirator remarks at the hearing.

The details

Prosecutors appeared to connect the 2016 Times article on a novel surveillance technique with later Times coverage to try to extend the statute of limitations. The charges accuse Comey of unauthorized disclosure of national security information to the newspaper.

Oct. 5, 2016: The Times article on the surveillance technique is published.
Oct. 5: Charges are filed against Comey.
Oct. 9: Prosecutors disclose the possibility of treating The Times as a co-conspirator at a closed-door hearing.

Legal Context

Leak prosecutions under federal national security statutes have long raised questions about press freedom and the reach of conspiracy liability. Treating a newspaper as a co-conspirator would be an unusually aggressive step in that tradition.

Readers following national security reporting may see the case shape how news organizations handle classified material. The outcome could affect how journalists weigh publication decisions involving government secrets.

The takeaway

The case highlights how legal theories around leaks can extend beyond the individual source to the institutions that publish sensitive reporting. Its resolution may clarify the limits of prosecutorial reach in this area.