Third Federal Charge Filed Against Ex-FBI Chief James Comey

Federal prosecutors have initiated a new criminal case against former FBI Director James Comey, marking the third instance in which the Justice Department has sought to hold him accountable for actions taken during his tenure. The move places another legal burden on a longtime critic of President Donald Trump, who was removed from his post during the first term of the current administration.

A three-page court filing reveals that the government has brought two counts against Comey regarding the alleged leakage of national defense information. The document, filed as a criminal information rather than a grand jury indictment, contains limited specifics. However, legal representatives for the former director stated that the case centers on a disclosure made to The New York Times in October 2016 while Comey led the agency.

Patrick Fitzgerald, an attorney for Comey, noted that two separate teams of prosecutors had previously examined the alleged disclosure. He emphasized that both investigations concluded no charges should be brought against any individual. Fitzgerald described the new filing as an attempt to charge his client with offenses he did not commit and has filed a motion to dismiss the case.

Comey responded to the news with a video published on Substack on Monday. He characterized the prosecution as an "appalling abuse" of the Justice 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 stated in the clip. He maintained his innocence, asserting that he was not afraid of the prosecutors and continued to trust the federal judiciary.

Legal experts suggest the timing of the filing may provide a procedural advantage to the defense. Glenn Kirschner, a former federal prosecutor, told the BBC that the case may have surpassed the ten-year statute of limitations. He argued this gives the motion to dismiss a strong chance of success. Kirschner described the charges as a "revenge-fueled attempt" by the White House to secure a conviction through the Department of Justice.

The current charges follow two previous attempts to prosecute Comey. In September 2025, a federal grand jury indicted him for allegedly lying to Congress and obstructing a proceeding. Comey pleaded not guilty the following month, but the case was dismissed in November 2025. In April 2026, he surrendered to authorities to face a separate set of charges related to an image he shared on social media.

That ongoing case stems from a 2025 Instagram post where Comey shared a photo of seashells arranged to read "86 47." Prosecutors allege the numbers, which use slang for "get rid of," encouraged violence against President Trump, the 47th president. Comey has denied knowing the meaning of the numbers and has accused the prosecution of political motivation.

The filing of these new charges coincided with a federal judge's ruling on a related employment matter. On Monday, a judge determined that the Justice Department had illegally fired Maurene Comey, James Comey's daughter, in July 2025. She had served as a federal prosecutor in New York. The judge ordered the administration to reinstate her and provide back pay, finding that she was terminated due to her father's identity and her perceived political affiliations.