Comey faces third federal case over 2016 disclosure

Federal prosecutors filed a criminal information against former FBI Director James Comey on Monday, marking the third time the Justice Department has moved to bring charges against him. The three-page filing accuses Comey of leaking national defense information. It was filed directly by a prosecutor in Washington, D.C., rather than through a grand jury indictment.

The new case involves two counts related to an alleged disclosure of classified material to the New York Times in October 2016. Comey was serving as the head of the FBI at the time. His legal team stated that the disclosure occurred while he was still in office and that the current charges stem from events of that specific period.

Patrick Fitzgerald, Comey's attorney, said two separate teams of prosecutors had investigated the matter during the first Trump administration. Fitzgerald noted that both previous investigations concluded no charges should be brought against anyone. He described the current filing as an attempt to charge Comey with crimes he did not commit. His team has filed a motion to dismiss the case.

Comey responded to the news in a video posted on Substack on Monday. He called the charges an appalling abuse of the Justice Department. He said he remains innocent and is not afraid of the prosecutors. Comey expressed continued belief in the independent federal judiciary. He added that the situation would be funny if it were not such an abuse.

Former federal prosecutor Glenn Kirschner said the case may have exceeded the 10-year statute of limitations. He told the BBC that the motion to dismiss has a very good chance of being granted. Kirschner characterized the charges as a revenge-fueled attempt by President Donald Trump to have his Department of Justice find something that might stick.

This is the third criminal case filed against Comey by the current administration. In September 2025, a federal grand jury indicted him on charges of lying to Congress and obstructing a congressional proceeding. He pleaded not guilty the following month, and the case was dismissed in November 2025. In April 2026, Comey surrendered to authorities to face charges related to a social media post.

That second ongoing case involves an Instagram post from 2025 featuring a photo of seashells arranged to read 86 47. Prosecutors allege the image posed a threat to Trump's life because 86 is slang for getting rid of someone. Comey says he did not know what the numbers meant and that the prosecution is politically motivated. That case is still active.

The new charges were made public 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. Maurene Comey had sued the government, arguing she was fired because of her father and her perceived political affiliations.