Comey charged: Third federal case filed over 2016 leak

Federal prosecutors have filed a third criminal case against former FBI Director James Comey, alleging he leaked national defense information. The new charges stem from an incident in October 2016, when Comey allegedly disclosed classified details to the New York Times while serving as FBI director. This filing adds to the pressure on the longtime critic of President Donald Trump, who has faced repeated legal action from the administration since being fired during his first term.

The Department of Justice used a criminal information to bring the charges, a method that allows prosecutors to file directly without a grand jury vote. The three-page document contains two counts, though it offers few specific details about the alleged leak. Comey’s legal team, led by Patrick Fitzgerald, argues the case relies on facts that have changed little since the original disclosure. Fitzgerald stated in a court filing that two separate teams of prosecutors had previously investigated the matter during the first Trump administration.

Fitzgerald emphasized that both prior investigations concluded no charges were warranted. He described the current filing as an attempt to charge Comey with crimes that were never committed. The defense has already filed a motion to dismiss the case, arguing the government waited too long to act. Former federal prosecutor Glenn Kirschner noted that the 10-year statute of limitations may have expired, giving the motion a strong chance of success.

Comey addressed the news in a video posted on Substack on Monday. He called the new charges an “appalling abuse” of the Department of Justice. In the clip, he stated that nothing has changed for him and that he remains innocent. He expressed confidence in the independent federal judiciary while criticizing the repeated attempts to prosecute him.

Kirschner described the latest move as a “revenge-fueled attempt” by President Trump to find a charge that might stick. Trump fired Comey during his first term after the FBI opened an investigation into Russian meddling in the 2016 election. Since then, the president has consistently called for Comey’s prosecution. This is the third time the current administration has sought criminal charges against the former director.

Comey’s legal troubles began in September 2025, when a grand jury indicted him for lying to Congress and obstructing a proceeding. He pleaded not guilty, and the case was dismissed in November of that year. In April 2026, he surrendered to face a second set of charges related to a social media post. Prosecutors claimed an image of seashells arranged to read “86 47” posed a threat to Trump’s life. That case remains ongoing.

The new charges became public on the same day a federal judge ordered the government to reinstate Comey’s daughter, Maurene Comey. The judge ruled that the Justice Department illegally fired her in July 2025. Maurene Comey, a former federal prosecutor in New York, had sued the government over her termination. The court ordered the administration to provide her with back pay.