Prosecutors File Third Set of Charges Against James Comey
The former FBI director faces new counts related to a 2016 disclosure, days after a judge ordered his daughter reinstated.
By Luca Harrison ·
Federal prosecutors have filed a formal charging document against former FBI Director James Comey, marking the third criminal case the Justice Department has brought against him.
The three-page filing in Washington, D.C., outlines two counts related to the alleged leak of national defense information. It does not specify the exact classification level of the documents involved, but the charges stem from an event in October 2016.
Comey's legal team stated that the case involves a disclosure of classified material to the New York Times while he served as the head of the FBI. The government used a criminal information to bring the charges, a method that bypasses the need for a grand jury vote. This differs from an indictment, which requires citizen review of the evidence.
The path to these new charges has spanned a decade. In 2017, two separate teams of federal prosecutors investigated the alleged disclosure to the New York Times. Both teams concluded that no charges should be brought against any individual at that time. Patrick Fitzgerald, one of Comey's attorneys, noted in a statement that the current filing attempts to charge crimes the former director did not commit. His team has filed a motion to dismiss the new case.
Glenn Kirschner, a former federal prosecutor, told the BBC that the case may have exceeded the 10-year statute of limitations. He argued this gives the motion to dismiss a strong chance of success. Kirschner described the move as a revenge-driven attempt by the Trump administration to find a case that sticks.
Comey has faced legal trouble under President Donald Trump since the former director was fired in 2017. Trump fired Comey after he opened an investigation into Russian interference in the 2016 presidential election. Since then, Trump has frequently called for Comey's prosecution.
The first attempt occurred in September 2025, when a grand jury indicted Comey on charges of lying to Congress and obstructing a proceeding. He pleaded not guilty in October, but a judge dismissed that case in November.
A second case began in April 2026 when Comey surrendered to authorities. Prosecutors alleged that a photo he shared on Instagram in 2025 posed a threat to Trump's life. The image showed seashells arranged to read "86 47," which prosecutors claimed used slang to encourage violence against the 47th president. Comey maintains he did not know the meaning of the numbers. That case is currently ongoing.
The new charges were made public on Monday, the same day a federal judge ruled that the Justice Department illegally fired Comey's daughter, Maurene Comey. She lost her position as a federal prosecutor in New York in July 2025. The judge ordered the administration to reinstate her and provide back pay, finding her firing was unlawful due to her relationship with her father and her perceived political affiliations.
Comey denied any wrongdoing in a video posted on Substack on Monday. He called the new charges an appalling abuse of the Justice Department. He stated that nothing has changed regarding his status, saying he remains innocent and is not afraid of the prosecutors. He expressed continued belief in the independent federal judiciary.
Source: BBC News
