Comey faces new federal charges over alleged 2016 leak

Federal prosecutors have moved to charge former FBI Director James Comey with leaking national defense information. The action, detailed in a court filing, represents the third criminal prosecution brought against Comey by the Justice Department under the current administration.

A three-page criminal information filed in Washington, D.C., outlines two counts. Unlike a grand jury indictment, this document was filed directly by a prosecutor. Comey’s attorneys stated that the charges stem from an alleged disclosure of classified material to the New York Times in October 2016, during Comey’s tenure as FBI head.

In a video posted on Substack on Monday, Comey denied wrongdoing. He described the charges as an "appalling abuse" of the department. "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. Comey added that he remains innocent and not afraid of the officials prosecuting him.

Patrick Fitzgerald, Comey’s attorney, noted that two separate teams of prosecutors investigated the alleged 2016 disclosure during the first Trump administration. Fitzgerald said both teams concluded that no charges should be brought. In a statement, Fitzgerald argued that the new filing purports to charge Comey with crimes he did not commit. His legal 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. Kirschner stated that the motion to dismiss has a very good chance of being granted. He characterized the prosecution as a revenge-fueled attempt by President Donald Trump to find a case that would stick.

Comey was fired by Trump during the first term after the FBI opened an investigation into Russian meddling in the 2016 presidential election. Since then, Trump has repeatedly called for Comey’s prosecution. In September 2025, a grand jury indicted Comey for lying to Congress. He pleaded not guilty before that case was dismissed in November of the same year.

In April 2026, Comey surrendered to face charges related to a social media post. Prosecutors allege that a photo of seashells arranged to read "86 47" threatened Trump’s life, as "eighty-six" is slang for removing someone. That case is currently ongoing.

The new charges were revealed on the same day a federal judge ruled that the Justice Department illegally fired Comey’s daughter, Maurene Comey. The judge ordered the administration to reinstate the former federal prosecutor and provide back pay, accepting her argument that she was fired due to her father and perceived political ties.