Prosecutors File New Federal Charges Against James Comey

Federal prosecutors have filed a new criminal information against former FBI Director James Comey, marking the third time the Justice Department has moved to charge him since 2025. The three-page court filing alleges that Comey leaked national defense information while serving as the bureau’s head.

Comey was charged in Washington, D.C., through a criminal information rather than a grand jury indictment. This procedural choice allows a prosecutor to file charges directly without a jury reviewing the evidence first. The document outlines two counts related to an alleged disclosure of classified materials to The New York Times in October 2016.

In a video posted on Substack on Monday, Comey denied any wrongdoing and described the new legal action as an "appalling abuse" of the Justice Department. He stated that he remains innocent and is not afraid of the individuals prosecuting him. "Nothing’s changed with me," he said in the clip. "I’m still not afraid of these people and I still believe the independent federal judiciary."

Patrick Fitzgerald, Comey’s attorney, issued a statement noting that two separate teams of prosecutors investigated the 2016 disclosure during the first Trump administration. Both teams previously determined that no charges should be brought against anyone. Fitzgerald argued that the current filing purports to charge Comey with crimes he did not commit and has filed a motion to dismiss the case.

Glenn Kirschner, a former federal prosecutor, told the BBC that the case may have exceeded the ten-year statute of limitations. He suggested that the motion to dismiss has a "very good chance of being granted" because the alleged conduct occurred a decade ago. Kirschner characterized the charges as a "revenge-fueled attempt" by President Donald Trump to find a case that might stick.

Comey’s legal troubles began after Trump fired him during his first term following an investigation into Russian meddling in the 2016 election. In September 2025, a federal grand jury indicted Comey for lying to Congress and obstructing a congressional proceeding. He pleaded not guilty, but that case was dismissed in November 2025.

A second case is currently ongoing. In April 2026, Comey surrendered to authorities to face charges related to an Instagram post from 2025. The post featured a photo of seashells arranged to read "86 47." Prosecutors allege the numbers, where "86" means to get rid of something, encouraged violence against Trump, the 47th president. Comey maintains he did not know the meaning of the numbers.

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. Maurene Comey lost her position as a federal prosecutor in New York in July 2025. She sued the government, arguing she was fired because of her father and her perceived political affiliations.

The judge ordered the Trump administration to reinstate Maurene Comey and provide her with back pay. The ruling on Monday aligns with the new filing against her father, adding a layer of personal stakes to the ongoing legal battles involving the former FBI director.

The Justice Department has not issued a statement explaining why it reopened the 2016 matter after two prior reviews. Comey’s legal team will now litigate the statute of limitations issue in federal court. The next step in the process depends on the judge’s decision regarding the motion to dismiss.