Prosecutors File Third Case Against James Comey Over 2016 Leak

Federal prosecutors have filed a three-page document in Washington, D.C., accusing former FBI Director James Comey of leaking national defense information. The filing marks the third time the Department of Justice has moved to bring criminal charges against Comey. The document outlines two counts related to an alleged disclosure made to The New York Times in October 2016 while Comey headed the bureau.

Comey was charged via a criminal information, a formal written charging document filed directly by a prosecutor. This differs from a criminal indictment, which requires approval by a grand jury. In a video posted to Substack on Monday, Comey denied any wrongdoing. He described the new charges as an "appalling abuse" of the justice department. "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.

Patrick Fitzgerald, Comey’s lawyer, stated in court papers that two separate teams of prosecutors had investigated the alleged 2016 disclosure during the first Trump administration. Fitzgerald noted that both previous investigations concluded no charges should be brought. "Both times the Government determined that no charges should be brought against anyone," Fitzgerald said. His legal team has filed a motion to dismiss the current charges, arguing the filing purports to charge Comey with crimes he did not commit.

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

The timeline of legal actions against Comey began in September 2025. A federal grand jury indicted him on charges of lying to Congress and obstructing a congressional proceeding. Comey pleaded not guilty the following month. The case was dismissed in November 2025. In April 2026, Comey surrendered to authorities to face new charges. Prosecutors alleged that an image he shared on social media posed a threat to Trump’s life. The case stemmed from a 2025 Instagram post showing seashells on a beach arranged to read "86 47." Prosecutors argued "eighty-six" is slang for "get rid of" and encourages violence against the 47th president. That case remains ongoing.

Comey was fired by Trump during his first term after the former FBI director opened an investigation into claims of Russian meddling in the 2016 presidential election. Since then, Trump has repeatedly called for Comey’s prosecution. The latest charges were made public on the same day a federal judge ruled that the justice department illegally fired Comey’s daughter, Maurene Comey. Maurene Comey lost her position as a federal prosecutor in New York in July 2025. She sued the government, arguing she was unlawfully fired due to her father’s position and her perceived political affiliations.

The judge ruled on Monday that the Trump administration must reinstate Maurene Comey to her job. The ruling also requires the government to provide her with back pay. The new charges against James Comey stem specifically from the October 2016 disclosure to The New York Times. Prosecutors did not provide extensive details in the initial filing. The case will now proceed through the federal court system in Washington, D.C.