In brief
In a move that widens the legal storm surrounding the former FBI chief, federal prosecutors have seemingly filed a new criminal indictment against James Comey over a 2016 alleged leak of classified data to the New York Times. This marks the third time the Justice Department has pursued criminal charges against him, following earlier accusations of lying in congressional testimony and a controversial Instagram post. Comey maintains he did nothing wrong and calls the charges "appalling abuse" of the justice system. His legal team has filed a motion to dismiss the case, citing a probable violation of the 10‑year statute of limitations and political motivation from the previous administration.
On 26 October 2026, federal prosecutors filed a criminal information charging former Federal Bureau of Investigation (FBI) Director James Comey with leaking national defence information. The filing, a three‑page court document, points to an alleged disclosure to the New York Times in October 2016 while Comey was in charge of the FBI.
This is the third time the Justice Department has moved to prosecute Comey. Earlier attempts included a 2025 grand‑jury indictment for lying to Congress and a 2026 case over a controversial Instagram post that prosecutors allege threatened President Trump.
Comey rejected the charges in a video posted on Substack, where he said they were an "appalling abuse" of the justice system and declared he remained "still innocent". He added, "Nothing's changed with me – I'm still not afraid of these people and I still believe the independent federal judiciary."
According to the filing, the case stems from an alleged leak of classified information to the New York Times. Comey’s lawyer Patrick Fitzgerald noted that two separate prosecutorial teams had investigated this disclosure a decade ago and found no basis for charges. "Both times the Government determined that no charges should be brought against anyone," Fitzgerald said.
Comey’s legal team has filed a motion to dismiss the indictment, arguing that the alleged offence may have exceeded the ten‑year statute of limitations. Former federal prosecutor Glenn Kirschner said the motion has a good chance of being granted, adding that the charges appear to be a "revenge‑fueled" attempt by former President Trump and his Department of Justice.
The charges were announced the same day a federal judge ruled that the Trump administration had illegally fired Comey’s daughter, Maurene, a federal prosecutor in New York. The judge ordered her reinstatement and back pay.
