Comey charged a third time over 2016 leak

Federal prosecutors have filed a new criminal case against James Comey, the former director of the FBI, for a third time. The filing, made public on Sunday, accuses the longtime critic of President Donald Trump of leaking national defense information.

The charging document is a criminal information filed directly by a prosecutor in Washington, D.C. It contains two counts but provides few details about the alleged conduct. The filing marks the latest attempt by the Justice Department to bring charges against Comey, who has faced criminal scrutiny repeatedly since leaving his post.

Comey’s legal team explained in separate court papers that the case stems from an alleged disclosure of classified information to the New York Times in October 2016. At the time, Comey was serving as the head of the FBI. His lawyer, Patrick Fitzgerald, stated that two different teams of prosecutors had previously investigated the same disclosure during the first Trump administration.

“Both times the Government determined that no charges should be brought against anyone,” Fitzgerald said in a statement. He added that the current filing purports to charge Comey with crimes he did not commit. The defense has filed a motion to dismiss the new charges, arguing that the government waited too long to act.

Former federal prosecutor Glenn Kirschner told the BBC that the case may have exceeded the 10-year statute of limitations. He suggested this gives the motion to dismiss a strong chance of being granted. Kirschner 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 with a video posted on Substack on Monday. He denied any wrongdoing and called the charges an appalling abuse of the Department of Justice. “It would almost be funny if it weren't such an appalling abuse of the department of justice, one that we cannot become numb to,” he said in the clip. He stated that he remains innocent and not afraid of the prosecutors.

This is not the first time Comey has faced federal charges in the current administration. In September 2025, a federal grand jury indicted him on charges that he lied to Congress and obstructed a congressional proceeding. He pleaded not guilty the following month, and the case was dismissed in November.

Later, in April 2026, Comey surrendered to authorities to face charges related to an image he shared on social media. The case stems from a 2025 Instagram post containing a photo of seashells arranged to read “86 47.” Prosecutors allege the slang term “eighty-six” encourages violence against Trump, the 47th president. Comey has said he did not know what the numbers meant. That case is 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. She lost her job as a federal prosecutor in New York in July 2025 and sued the government, arguing she was dismissed because of her father and her perceived political affiliations.

The judge ruled on Monday that the Trump administration must reinstate Maurene Comey and provide her with back pay. The ruling adds a personal dimension to the renewed legal pressure on the former FBI director.