Megyn Kelly Questions Donald Trump's DOJ Over 11th-Hour James Comey Charge

Megyn Kelly, one of the most Trump-friendly voices in conservative media, asked on her show Tuesday why the Justice Department waited until the statute of limitations was running out to charge former FBI Director James Comey a third time. She said the timing makes the case look like a reluctant prosecution pushed from the top.

"Why would you wait until the day the statute expires, statute of limitations, to file this claim? Like you've known about this for 10 years. What is the point?" Kelly said on The Megyn Kelly Show.

The new case was unsealed Monday in federal court in Washington. It charges Comey with two counts tied to the alleged disclosure of national defense information to The New York Times in October 2016. Comey's lawyers argue the case was filed too late, and filed the wrong way.

Megyn Kelly on the Comey Charge: 'Somebody Leaned on Trump'

Kelly opened the segment with a caveat. "There's precious little information right now. And I don't feel very confident about this case," she said.

She noted that prosecutors had used a criminal information, a charge brought without a grand jury, and that Comey's team says this does not stop the clock. She said the late filing reads less as conviction than as pressure.

"It's like, you didn't think you had it. You didn't want to file it. Somebody leaned on Trump. This is how it looks to me. And they pulled the trigger at the 11th hour," Kelly said. "And for all I know, they're hoping it gets thrown out because maybe the DOJ can be like, Mr. Trump, we tried."

She added that this would not satisfy the president: "He wants actual convictions."

Her criticism in the segment centered on the timing of the filing. Earlier in the episode she said Comey was "basking in the glow of being Trump's target," and added: "He wants to look persecuted, and perhaps he is. But we'll find out."

The Statute of Limitations Dispute

The charges carry a 10-year limitations period, and the conduct alleged dates to October 5, 2016. Kelly said the charges were brought on October 5 and that the statute ran as of that date, but she also said prosecutors needed an indictment or arrest warrant "before October 4th of 2026."

Comey's lawyers argue that prosecutors needed a grand jury indictment within the 10 years. They also argue that a felony information cannot go forward unless the defendant waives indictment, and Comey has not, NBC News reported.

The department's position is that "filing a criminal information to toll the statute of limitations is a widely recognized practice in federal court and has been approved by multiple Circuit Courts of Appeals." Greg Rosen, a former federal prosecutor, described the filing method as highly unusual in Washington, CBS News reported. Former Justice Department Inspector General Michael Bromwich, who is not involved in the case, called it an "end-run around the statute of limitations."

Comey's response was blunt. "It would almost be funny if it weren't such an appalling abuse of the Department of Justice, one that we cannot become numb to," he said in a video posted on Substack, NBC News reported.

How the Earlier Comey Case Collapsed

Kelly also pointed to the first case. That case fell apart "because the US attorney that Trump had placed in the Virginia federal court in that jurisdiction got bounced saying she was not properly appointed."

The record bears that out. The prosecutions of Trump's critics so far:

• November 24, 2025: U.S. District Judge Cameron McGowan Currie dismissed the Comey indictment and the one against New York Attorney General Letitia James. She ruled that Halligan's appointment was invalid.
• October 5, 2026: The 10-year deadline ran out, and Kelly said the charges were brought that day.
• October 26, 2026: The leak case was unsealed in Washington, D.C.

Patrick Fitzgerald, Comey's lawyer, said investigators during Trump's first term "determined that no charges should be brought."

What Happens Next

A judge must decide whether an information filed without Comey's consent preserved the government's case. If it did not, the limitations period has run.

Kelly made no prediction. "I've got to ask you," she said, "what are they doing on Team Trump?"