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Good morning, it's Tuesday, Oct. 27. The Justice Department charged James Comey for a third time, and his lawyers say a step that protects every defendant was skipped.

Also in today's issue: Ballots stay in the count, A $1 million bounty, Steel and auto talks, Israel votes today, Red states in play.

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If you were ever accused of a serious federal crime, the Constitution says a panel of ordinary citizens should weigh the evidence first. On Monday, the Justice Department charged James Comey for a third time. His lawyers say that step never happened. And a few hours earlier, a judge ruled on another Comey. That ruling cuts to the heart of this fight.

Comey led the FBI until President Trump fired him in 2017. Prosecutors now accuse him of sharing national defense information with a reporter in October 2016, and of conspiring to do it. The case had been kept under seal since Oct. 5, according to NBC News. Comey posted a video saying he's still innocent. His lawyers have already asked a judge to throw it out.

Here's the step that matters to everyone. The Fifth Amendment says serious federal charges need a grand jury. That's a panel of 16 to 23 citizens who decide if there's enough evidence to go forward. Comey hasn't been indicted. His lawyers say the charge was neither approved by a judge nor issued by a grand jury.

It's the second time in four days this department has skipped that panel in a high-profile case. On Friday, two former FBI officials were charged the same way.

Why would prosecutors do that? A grand jury can say no. And this department has struggled with Comey before. Its first case, over his 2020 testimony to Congress, was thrown out because the prosecutor who brought it was illegally appointed. A second case, over an Instagram photo of seashells spelling "86 47," is still pending. His lawyers say the leak claims were looked at years ago and no one was charged.

The department's side deserves a fair hearing. Leaking classified material is a serious crime. An FBI director should face the same rules as anyone else. If the evidence is strong, supporters say, his fame shouldn't shield him.

Now the other Comey. Judge Jesse Furman ruled Monday that the department illegally fired Maurene Comey, James Comey's daughter and a longtime federal prosecutor, in July 2025. The government argued the president can fire prosecutors at will. Furman said that idea goes against nearly two centuries of Supreme Court decisions. He ordered back pay (AP). The department said it would appeal.

Put the two together, and courts are now weighing the same question from two sides. How far can a president go in using prosecutors against people he sees as enemies?

Watch what prosecutors do next. If they take the case to a grand jury and win an indictment, it gains real weight. If they avoid one, or a judge tosses it, it joins the first case on the pile.

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California can keep counting mail ballots from about 20,000 voters after a federal appeals court rejected the Justice Department's request to set them aside Monday. The 2-1 ruling said the department rushed to the appeals court before the trial judge had a chance to act. Judge Gabriel Sanchez wrote that the request would invite "disorder and confusion" for voters and election officials. Judge Patrick Bumatay dissented. He argued the federal government must be able to stop noncitizens from voting. The case now goes back to a Los Angeles courtroom Tuesday afternoon. In Alaska, Judge Sharon Gleason sped up the government's suit over the Senate race. A ruling could come by the end of the week (MS NOW).

President Trump offered $1 million Monday to anyone who reports voter fraud that leads to an arrest and conviction. The offer covers past elections and next week's. He didn't say where the money would come from or how to claim it. Asked who would run it, the Justice Department said it defers to the White House. The same day, Homeland Security announced charges against five noncitizens in Florida accused of voting in past elections. Cases like those happen, but they're rare. A Reuters review found 129 federal noncitizen voting cases, many tied to confusion. Rep. Abe Hamadeh, an Arizona Republican, called the reward the right move. Election law expert Richard Hasen said it feeds distrust in elections.

The U.S. and Canada are negotiating relief from American tariffs on Canadian steel and autos, two U.S. and four Canadian sources told Reuters Monday. Steel now faces tariffs of up to 50%, and autos 25%. Trump has threatened to raise both to 50% on Jan. 1. One Canadian source said an agreement could come before the Nov. 3 midterms. U.S. sources said Washington still wants more from Canada. Commerce Secretary Howard Lutnick and Canada's trade minister, Dominic LeBlanc, are leading the talks. Border-state Republicans have been urging an end to the trade war. Prime Minister Mark Carney said the U.S. is "coming closer to our position," but he can't promise Trump will honor what's signed (CTV News).

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Israelis vote today, and on the eve of the election Prime Minister Benjamin Netanyahu leaned on President Trump's support. Trump posted Sunday that Israelis should vote for Netanyahu because "we have to finish the job." Netanyahu then said he has ordered Israel's military and its spy agency, the Mossad, to bring down Iran's government. The White House said the U.S. won't attack Iran before the Nov. 3 midterms. Meanwhile, officials from Saudi Arabia, Turkey and Pakistan opened talks in Tehran on Monday, trying to keep the war from restarting. Polls suggest Netanyahu's party will lose seats. The choices made after both elections may decide whether the fighting resumes.

Republicans spent Monday defending Senate seats they once took for granted. President Trump rallied in Corinth, Mississippi, a state he won by 23 points, for Sen. Cindy Hyde-Smith. "I can't take a chance," he told the crowd, as Democrats pour late money into challenger Scott Colom's campaign. In South Carolina, two former governors who once ran against each other made a joint endorsement. Republican David Beasley and Democrat Jim Hodges backed Democrat Annie Andrews against Sen. Darline Graham. They said political anger has gotten out of hand. South Carolina hasn't elected a Democratic senator since 1998. With Republicans holding the Senate 53 to 47, even long-shot races matter.

That's how many Americans had voted early as of 6 a.m. Monday, with eight days to go. More than 4.35 million of those votes were cast in Texas, home to a close Senate race. Nearly 1 million came from Michigan.

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