DOJ Brings Third Criminal Case Against James Comey Over Alleged Leaks

The Justice Department has filed new criminal charges against former FBI Director James Comey, accusing him of leaking national defense information to a reporter in 2016 in its third attempt to prosecute him. The two-count filing, made public Monday, October 26, 2026, alleges violations of the Espionage Act.

Federal prosecutors allege that Comey directed an individual, acting through one or more co-conspirators, to disclose sensitive information to a national news reporter on October 5, 2016, while he was serving as FBI director.

The allegations involve a New York Times article about U.S. government email surveillance published that day. Prosecutors claim Comey sought to correct inaccurate reporting by directing the disclosure of information contained in an intelligence community document. The charging document does not publicly identify the reporter, alleged co-conspirators or specific information disclosed.

The Justice Department filed the charges under seal on October 5, exactly 10 years after the alleged disclosure, using a criminal information rather than obtaining a grand jury indictment. Prosecutors maintain that the filing preserved the case before the 10-year statute of limitations expired.

Comey's attorneys have asked a federal judge to dismiss the charges, arguing that prosecutors needed a grand jury indictment within that deadline. The Justice Department counters that federal appeals courts have permitted criminal informations to suspend the limitations period while prosecutors pursue an indictment.

His attorney, Patrick Fitzgerald, said the alleged disclosure had already been investigated twice during President Donald Trump's first administration, including by former special counsel John Durham. Both investigations ended without criminal charges.

Comey rejected the latest allegations in a video posted Monday, accusing the Justice Department of abusing its authority.

"Nothing's changed with me. I'm still innocent," Comey said, reaffirming his confidence in the federal judiciary.

The prosecution follows a September 2025 indictment accusing Comey of making false statements to Congress and obstructing a congressional proceeding over his testimony about government investigations and media disclosures. A federal judge dismissed those charges after finding that the prosecutor who brought them had been unlawfully appointed. The Justice Department has appealed.

Comey also faces a separate prosecution in North Carolina over a May 2025 Instagram post showing seashells arranged to spell "8647." Federal prosecutors secured an indictment in April, alleging that the image communicated a threat against Trump. Comey has denied threatening the president.

Trump fired Comey in May 2017 amid the FBI's investigation into Russian interference in the 2016 presidential election. The former director has since publicly criticized Trump, who has repeatedly accused him of misconduct.

U.S. District Judge Trevor McFadden, who authorized the unsealing of the latest court records, must now consider Comey's request to dismiss the charges as prosecutors seek a grand jury indictment.