Justice Department Files Third Set of Charges Against James Comey 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 filing alleges that Comey leaked national defense information while serving as the agency’s head.

The three-page document outlines two counts related to an alleged disclosure of classified material to the New York Times in October 2016. Unlike a criminal indictment, which requires approval by a grand jury, a criminal information is a formal written charging document filed directly by a prosecutor. This procedural difference means the case proceeds without the initial review by a group of sworn citizens.

Patrick Fitzgerald, Comey’s lead attorney, stated that two separate teams of prosecutors had investigated the alleged 2016 disclosure during the first Trump administration. Fitzgerald noted that both teams previously determined no charges should be brought against anyone. In a statement, Fitzgerald argued that the new filing purports to charge Comey with crimes he did not commit and has filed a motion to dismiss the case.

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

Comey responded to the news in a video posted on his Substack account on Monday. He denied any wrongdoing and called the charges an appalling abuse of the Justice Department. He stated that he remains innocent and is not afraid of the people prosecuting him. He expressed continued belief in the independent federal judiciary, noting that nothing has changed in his perspective on the case.

The new charges come as Comey faces other legal battles. He was first indicted by a federal grand jury in September 2025 on counts of lying to Congress and obstructing a congressional proceeding. He pleaded not guilty the following month, and that specific case was dismissed in November. In April 2026, Comey surrendered to authorities to face charges related to an image he shared on social media. Prosecutors alleged that a 2025 Instagram post containing a photo of seashells arranged to read 86 47 posed a threat to Trump’s life because the numbers are slang for get rid of. Comey said he did not know what the numbers meant. That case remains ongoing.

The timing of the latest filing coincides with a ruling in a related family matter. A federal judge ruled on Monday that the Justice Department illegally fired Maurene Comey, James Comey’s daughter. Maurene Comey lost her position as a federal prosecutor in New York in July 2025. She sued the government, arguing she was unlawfully terminated due to her father’s status and her perceived political affiliations. The judge ordered the administration to reinstate her and provide back pay.

James Comey was fired by Trump during the former president’s first term after opening an investigation into claims of Russian meddling in the 2016 presidential election. Since his departure, Trump has repeatedly called for his prosecution. The current administration’s move to charge Comey for the third time continues that pattern of legal action against the longtime critic of the president.