Comey charged third time over 2016 disclosure

Federal prosecutors filed a new criminal case against former FBI Director James Comey on Monday.

The three page court filing outlines two counts related to national defense information. The document does not provide extensive details about the specific allegations. However, defense attorneys stated the case concerns a disclosure made to The New York Times in October 2016.

This is the third time the Justice Department has moved to charge the former director. The previous two attempts resulted in different legal outcomes. A grand jury indicted Comey in September 2025 on charges of lying to Congress. That case was dismissed in November after he pleaded not guilty. In April 2026, he faced separate charges regarding a social media post that prosecutors claimed threatened President Donald Trump. That case remains active.

Comey was charged through a criminal information rather than a grand jury indictment. This procedural choice allows prosecutors to file charges directly without a citizen review. His lead attorney, Patrick Fitzgerald, noted that two separate teams of prosecutors previously investigated the 2016 disclosure. Both teams concluded that no charges should be brought against anyone. Fitzgerald argued that the new filing purports to charge Comey with crimes he did not commit.

The legal team has filed a motion to dismiss the current charges. They argue the 10 year statute of limitations has expired. Former federal prosecutor Glenn Kirschner agreed with this assessment. He told the BBC that the motion to dismiss has a very good chance of being granted. Kirschner described the prosecution as a revenge fueled attempt by the administration to find a case that might stick.

Comey denied any wrongdoing in a video posted on Substack on Monday. He called the charges an appalling abuse of the department. He stated that he remains innocent and is not afraid of the people involved. He expressed continued belief in the independent federal judiciary. The former director was fired by Trump during his first term after opening an investigation into Russian meddling in the 2016 presidential election.

The new charges became public on the same day a federal judge ruled on a related employment case. The judge determined 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. She sued the government, arguing the termination was unlawful due to her father and her political affiliations. The judge ordered the administration to reinstate her and provide back pay.

The 2016 disclosure occurred while Comey was head of the FBI. Prosecutors allege the information was classified at the time. The current filing marks the latest step in a series of legal actions against the former director. Each case has centered on different aspects of his public service and personal conduct during and after his tenure.