Justice Department files third set of charges against James Comey

Federal prosecutors in Washington, D.C. filed a three-page criminal information against former FBI Director James Comey on Monday. The document charges him with leaking national defense information. This is the third time the Department of Justice has moved to bring criminal charges against Comey since he left the agency.

Comey's legal team stated the case stems from an alleged disclosure of classified material to The New York Times. They specified this happened in October 2016, while Comey was still head of the FBI. The filing contains two counts, though it provides few specific details about the evidence or the nature of the leak.

Comey responded to the news in a video posted to his Substack page on Monday. He denied any wrongdoing and called the charges an "appalling abuse" of the justice system. "Nothing's changed with me - I'm still innocent, I'm still not afraid of these people and I still believe the independent federal judiciary," he said in the clip.

The charges were filed through a criminal information, a document submitted directly by a prosecutor. This differs from a criminal indictment, which requires approval by a grand jury. Patrick Fitzgerald, a lawyer for Comey, noted that two previous teams of prosecutors had investigated the same alleged disclosure during the first Trump administration. "Both times the Government determined that no charges should be brought against anyone," Fitzgerald said. He added that the current filing purports to charge Comey with crimes he did not commit.

Comey's legal team has filed a motion to dismiss the charges. They argue the case may have exceeded the 10-year statute of limitations. Glenn Kirschner, a former federal prosecutor, told the BBC that the motion to dismiss has a "very good chance of being granted" due to the timing. Kirschner described the charges as a "revenge-fueled attempt" by President Donald Trump to find a case that might stick.

Comey was fired by Trump in 2017 after opening an investigation into Russian meddling in the 2016 presidential election. Trump has repeatedly called for his prosecution since then. In September 2025, a federal grand jury first indicted Comey on charges of lying to Congress and obstructing proceedings. He pleaded not guilty the following month, and the case was dismissed in November.

A second case remains ongoing. In April 2026, Comey surrendered to authorities to face charges related to a 2025 Instagram post. The post showed seashells arranged to read "86 47." Prosecutors allege the numbers encourage violence against Trump, as "eighty-six" is slang for "get rid of." Comey says he did not know what the numbers meant.

The new charges became public on the same day a federal judge ruled that the Justice Department illegally fired Comey's daughter, Maurene Comey. She lost her job as a federal prosecutor in New York in July 2025. The judge ordered the Trump administration to reinstate her and provide back pay. The court found she was unlawfully fired because of her father and her perceived political affiliations.