James Comey faces third federal charge over 2016 leak

Federal prosecutors filed a new criminal case against former FBI Director James Comey on Monday. The filing accuses Comey of leaking national defense information. This is the third time the Justice Department has moved to charge him.

The three-page document lists two counts but provides few specific details. Comey’s attorneys said the case involves an alleged disclosure of classified material to The New York Times in October 2016. At that time, Comey was leading the Federal Bureau of Investigation.

Patrick Fitzgerald, Comey’s lawyer, stated that two different prosecutor teams investigated the disclosure during the first Trump administration. Both groups previously decided not to charge anyone. Fitzgerald said the new filing charges Comey with crimes he did not commit. His legal team has filed a motion to dismiss the case.

Comey responded to the news in a video posted on Substack. He called the charges an appalling abuse of the Department of Justice. He said he remains innocent and not afraid of the people prosecuting him. He also expressed continued belief in the independent federal judiciary.

The government used a criminal information to bring these charges. This is a written document filed directly by a prosecutor. It differs from a criminal indictment, which requires approval from a grand jury. Former federal prosecutor Glenn Kirschner told the BBC that the case may have passed the 10-year statute of limitations. He said this gives the motion to dismiss a very good chance of being granted.

Kirschner described the charges as a revenge-fueled attempt by President Donald Trump to find a case that might stick. Trump fired Comey during his first term after the FBI opened an investigation into Russian interference in the 2016 election. Since then, Trump has repeatedly called for Comey’s prosecution.

The new charges were announced the same day a federal judge ruled that the Justice Department illegally fired Comey’s daughter, Maurene Comey. The judge ordered the administration to reinstate her and pay her back wages. Maurene Comey had lost her job as a federal prosecutor in New York in July 2025. She argued the firing was based on her father’s status and her political views.