Comey faces third federal charge

Federal prosecutors filed a new criminal case against James Comey on Monday, marking the third time the Justice Department has pursued charges against the former FBI director. The filing alleges that Comey leaked national defense information while serving as the head of the bureau. This latest action follows a decade of legal maneuvering involving the former director and the administration of President Donald Trump.

The three-page court document contains two counts but provides few specific details about the alleged offenses. Comey’s legal team identified the source of the dispute in separate filings. They stated the case stems from an alleged disclosure of classified information to the New York Times in October 2016. At that time, Comey was leading the FBI during the first Trump administration.

Comey rejected the new accusations in a video posted on his Substack account. He described the move as an "appalling abuse" of the department. In the clip, he noted that the situation would be funny if it were not so frustrating. He maintained his innocence and expressed confidence in the federal judiciary.

The government charged Comey through a criminal information filed in Washington, D.C. This type of charging document is filed directly by a prosecutor without review by a grand jury. A grand jury typically consists of citizens sworn in to determine if evidence supports a prosecution.

Patrick Fitzgerald, Comey’s attorney, said two separate teams of prosecutors had investigated the alleged 2016 disclosure previously. Fitzgerald claimed that both prior investigations concluded no charges should be brought against anyone. He described the new filing as an attempt to charge Comey with crimes he did not commit. His legal team has filed a motion to dismiss the case.

Glenn Kirschner, a former federal prosecutor, told the BBC that the case may have exceeded the 10-year statute of limitations. He argued that this timing gives the motion to dismiss a very good chance of being granted. Kirschner characterized the charges as a revenge-fueled attempt by Trump to find something that might stick.

Comey was fired by Trump during his first term after opening an investigation into claims of Russian meddling in the 2016 presidential election. Since then, Trump has repeatedly called for his prosecution. In September 2025, a grand jury indicted Comey on charges of lying to Congress and obstructing a proceeding. He pleaded not guilty, but the case was dismissed in November.

In April 2026, Comey surrendered to authorities to face charges related to a social media post. Prosecutors alleged that a 2025 Instagram photo of seashells arranged to read "86 47" posed a threat to Trump’s life. "Eighty-six" is slang for getting rid of someone. Comey denied wrongdoing, saying he did not know what the numbers meant. That case is ongoing.

The new charges were made public on the same day a federal judge ruled that the Justice Department illegally fired Comey’s daughter, Maurene Comey. Maurene Comey lost her position as a federal prosecutor in New York in July 2025. She sued the government, arguing she was fired because of her father and her perceived political affiliations. The judge ordered the administration to reinstate her and provide back pay.