Comey Faces Third Federal Charge Over 2016 Leak as Daughter Regains Job
Prosecutors filed a criminal information alleging the former FBI director disclosed classified details to the New York Times, a move critics say may miss the statute of limitations.
By Fatou Mitchell ·
James Comey, the former director of the Federal Bureau of Investigation, faces a third criminal case from the Department of Justice. Federal prosecutors filed a three-page criminal information in Washington, D.C., alleging he leaked national defense information. This is the latest in a series of legal actions against the longtime critic of President Donald Trump.
The new filing contains two counts but provides few specifics. Comey's legal team stated that the case stems from an alleged disclosure of classified information to the New York Times in October 2016. At that time, Comey served as the head of the FBI. His attorneys argue that two separate teams of prosecutors previously investigated the same alleged disclosure during the first Trump administration. Both groups concluded that no charges should be brought against anyone.
Patrick Fitzgerald, one of Comey's lawyers, said the current filing purports to charge Comey with crimes he did not commit. His legal team has filed a motion to dismiss the charges. Former federal prosecutor Glenn Kirschner noted that the case may have exceeded the 10-year statute of limitations. Kirschner told the BBC that this gives the motion to dismiss a very good chance of being granted. He described the charges as a revenge-fueled attempt by Trump to have his Department of Justice find something that might stick.
Comey responded to the news in a video posted on Substack on Monday. He denied any wrongdoing and called the charges an appalling abuse of the department. He stated that nothing has changed for him and that he remains innocent and not afraid of the prosecutors. He expressed continued belief in the independent federal judiciary. The video served as his immediate public reaction to the court filing.
The use of a criminal information distinguishes this case from the previous charges. A criminal information is a formal written document filed directly by a prosecutor. In contrast, a criminal indictment requires approval by a grand jury, a group of citizens sworn to review the strength of the evidence. The previous two cases against Comey followed different procedural paths. In September 2025, a federal grand jury indicted him on charges of lying to Congress and obstructing a proceeding. He pleaded not guilty, and the case was dismissed in November of that year.
In April 2026, Comey surrendered to authorities to face a second set of 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 containing a photo of seashells arranged to read 86 47. Prosecutors claimed the numbers, slang for getting rid of, encouraged violence against the 47th president. Comey maintains that he did not know what the numbers meant and that the prosecution is politically motivated. That case is currently ongoing.
The timing of the new filing coincides with a related legal victory for Comey's family. A federal judge ruled on Monday that the Justice Department illegally fired his 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 because of her father and her perceived political affiliations. The judge ordered the Trump administration to reinstate her and provide back pay.
The latest charges mark the third attempt by the administration to prosecute Comey since he was fired during Trump's first term. Comey was removed after he opened an investigation into claims of Russian meddling in the 2016 presidential election. Trump has repeatedly called for his prosecution since that firing. The new legal battle adds to the existing pressure on the former FBI director, who now faces multiple fronts in the federal court system.
