Federal Prosecutors File Third Criminal Case Against James Comey

Federal prosecutors filed a criminal information against James Comey on Monday, marking the third time the Justice Department has moved to charge the former FBI director.

The three page filing in Washington, D.C., outlines two counts accusing Comey of leaking national defense information. The document does not provide extensive details on the specific materials involved in the alleged breach.

Comey’s legal team stated that the case originates from a disclosure of classified information made to the New York Times in October 2016, while Comey served as the head of the Federal Bureau of Investigation. Patrick Fitzgerald, Comey’s attorney, noted in a statement that two separate teams of prosecutors had previously investigated the same disclosure during the first Trump administration. Both groups determined that no charges should be brought against anyone at that time.

Fitzgerald described the new filing as a charge for crimes Comey did not commit. His team 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. He assessed that this timing gives the motion to dismiss a strong chance of being granted and characterized the charges as an attempt by the Trump administration to find a case that would stick.

Comey addressed the new charges in a video posted on Substack on Monday. He denied any wrongdoing and called the action an appalling abuse of the department. He stated that he remains innocent and not afraid of the prosecutors, expressing continued belief in the independent federal judiciary.

This latest filing follows two previous attempts to prosecute Comey. 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, and the case was dismissed in November. In April 2026, Comey surrendered to authorities to face charges related to a 2025 Instagram post. Prosecutors alleged that an image of seashells arranged to read 86 47 posed a threat to Trump’s life, using slang terms for getting rid of a person. That case is currently ongoing.

The new 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 that her termination was due to her father’s identity and her perceived political affiliations. The judge ordered the administration to reinstate her and provide back pay on Monday.

Comey was fired by President Donald Trump during his first term after opening an investigation into claims of Russian meddling in the 2016 presidential election. Trump has repeatedly called for Comey’s prosecution since then, making this the third effort by the current administration to bring criminal charges against him.