Michael Dreeben, a veteran Supreme Court attorney who served on both Robert Mueller’s and Jack Smith’s investigative teams, is representing former FBI Director James Comey as the Justice Department pursues new allegations involving the unauthorized disclosure of national defense information.
By yourNEWS Media Newsroom
Michael Dreeben, a longtime Justice Department attorney who previously worked on two major federal investigations involving President Donald Trump, has joined former FBI Director James Comey’s legal defense in the latest criminal proceeding brought against him by the Trump administration.
The development was reported Tuesday by Politico journalist Kyle Cheney, following the disclosure of a new federal filing accusing Comey of unlawfully transmitting national defense information to a reporter in October 2016.
Dreeben’s involvement brings an attorney with extensive experience in federal criminal law and Supreme Court litigation into a case that is already facing challenges over whether prosecutors can proceed without a grand jury indictment.
The Justice Department filed a two-count criminal information against Comey on Oct. 5 in U.S. District Court for the District of Columbia. The document was unsealed Monday, Oct. 26, at the request of Comey’s attorneys.
According to Reuters’ reporting on the case, prosecutors allege that Comey transmitted and conspired to transmit national defense information to a New York Times reporter in connection with reporting published in October 2016.
The allegations concern information related to U.S. surveillance activities during Comey’s tenure as FBI director.
Comey has denied wrongdoing, and his attorneys are seeking dismissal of the case.
The government submitted the criminal information shortly before the expiration of the applicable 10-year statute of limitations. Prosecutors maintain that the filing preserves their ability to pursue charges.
However, Comey’s defense argues that the procedure is legally insufficient because prosecutors have not obtained a grand jury indictment.
As CBS News reported Oct. 26, federal felony prosecutions generally require an indictment unless the defendant waives that protection. Comey has not waived indictment, creating a central dispute over whether the latest prosecution can proceed.
Dreeben’s participation is particularly notable because of his previous assignments involving investigations of Trump.
During Robert Mueller’s investigation into Russian interference in the 2016 presidential election, Dreeben served as a counselor to the special counsel beginning in June 2017.
He assisted with legal questions involving the investigation’s authority, criminal procedure and constitutional issues.
Mueller’s investigation examined Russian election interference, contacts involving Trump associates and possible obstruction of justice.
Dreeben subsequently joined Special Counsel Jack Smith’s team in 2024, working on federal investigations involving Trump’s handling of classified documents and efforts to challenge the results of the 2020 presidential election.
His responsibilities included representing the government before the Supreme Court in litigation concerning presidential immunity.
The Supreme Court’s July 2024 decision established that former presidents possess absolute immunity for certain core constitutional actions and presumptive immunity for other official acts, while receiving no immunity for unofficial conduct.
Dreeben argued on behalf of the government during those proceedings.
His involvement in both investigations has made him a familiar figure in major federal legal disputes involving Trump.
Before joining the special counsel teams, Dreeben spent more than three decades in the Justice Department’s Office of the Solicitor General.
According to his Georgetown University Law Center biography, he served in the office from 1988 through 2019 and held the position of deputy solicitor general from 1994 until his departure.
In that role, he supervised the federal government’s criminal docket before the Supreme Court.
Dreeben has argued 109 Supreme Court cases representing the United States and private litigants and has participated in hundreds of additional appellate proceedings.
His work has covered criminal procedure, constitutional rights, public corruption, government authority and federal sentencing law.
He later entered private practice, joining the Washington office of O’Melveny & Myers, where he became co-chair of the firm’s white-collar defense and corporate investigations practice.
Dreeben’s decision to represent Comey places him on the defense side of a politically contentious prosecution after previously serving as a federal prosecutor in investigations involving the president.
Comey’s latest legal dispute represents the third criminal matter pursued against him by the Justice Department during Trump’s second administration.
Federal prosecutors previously charged Comey in September 2025 with making false statements to Congress and obstructing a congressional proceeding. A federal judge dismissed that case after determining that the prosecutor responsible for obtaining the indictment had been unlawfully appointed.
The Justice Department appealed the dismissal.
A separate criminal case involving a social media post that prosecutors interpreted as threatening Trump remains pending in North Carolina.
The newest allegations concern events from 2016, before Trump dismissed Comey as FBI director in May 2017.
Comey’s attorneys contend that earlier federal investigations, including an inquiry conducted under Special Counsel John Durham, examined the alleged disclosure without bringing criminal charges.
The defense also disputes the government’s interpretation of the newly filed criminal information.
Comey has publicly characterized the prosecution as politically motivated retaliation, while the Justice Department maintains that it is pursuing allegations of federal criminal misconduct through established legal procedures.
Neither argument resolves the underlying legal questions, which remain before the courts.
The new proceeding could turn initially on whether the criminal information was sufficient to preserve the charges before the statute of limitations expired.
If prosecutors cannot overcome that procedural challenge, the case could be dismissed without a trial examining the underlying allegations.
Should the prosecution proceed, the government would need to establish that Comey knowingly participated in an unlawful disclosure of protected national defense information.
Dreeben’s experience litigating complex federal criminal statutes and constitutional questions could become significant as those issues are considered.
His involvement also highlights the shifting roles of prominent attorneys who previously represented the federal government in politically sensitive prosecutions.
For Comey, the addition of a veteran Supreme Court advocate comes as he continues challenging multiple criminal proceedings arising from allegations involving his government service and subsequent public conduct.
The Justice Department has not secured a conviction against Comey in any of the three matters, and the former FBI director continues to maintain his innocence.
Original article
Comments