Former FBI Director James Comey faced two counts of leaking national defense information filed by the United States Department of Justice on Monday, October 26, 2026. Bypassing a grand jury with an unusual legal maneuver, the Trump administration targeted the long-standing presidential critic for the third time.
Federal prosecutors in Washington, D.C., filed a two-count criminal information. The filing alleged that former FBI Director James Comey knowingly transmitted sensitive defense data. It stated he conspired with others to disclose it to a news outlet.
The charging documents state that the alleged actions took place on October 4 and 5, 2016. They stemmed from a New York Times article published on October 5, 2016.
The Department filed a waiverless criminal information to toll the statute of limitations as it relates to allegations concerning former FBI Director Comey. Filing a criminal information to toll the statute of limitations is a widely recognized practice in federal court and has…
Special Assistant U.S. Attorney Dustin Farahnak wrote in a filing that the investigation uncovered evidence that Comey sought to correct misinformation published by Reuters the day before. According to the filing, Comey directed staff to speak with New York Times reporter Charlie Savage about those accuracy concerns, thereby transferring classified information.
Ten-Year Statute of Limitations and Waiverless Information
By filing a criminal information instead of seeking an immediate grand jury indictment, prosecutors bypassed normal grand jury review. Michael Bromwich, a former Justice Department inspector general turned defense attorney, told reporters that he had never encountered a situation where a criminal information was filed solely to pause the statute of limitations.
Having failed to convict him yet, Trump prosecutors file criminal charges against Comey for the third time in 13 months, this time for a 10-year-old alleged leak that was already investigated without leading to prosecution. @DevlinBarrett https://t.co/VTFC3KBV7C
The Justice Department defended the procedure in a public statement. The department explained that filing a waiverless criminal information is a widely recognized practice approved by multiple Circuit Courts of Appeals to toll the 10-year limitation period while an investigation remains active.
The Department filed a waiverless criminal information to toll the statute of limitations as it relates to allegations concerning former FBI Director Comey. Filing a criminal information to toll the statute of limitations is a widely recognized practice in federal court and has been approved by multiple Circuit Courts of Appeals. This is an ongoing criminal investigation, and we will not comment further.
Justice Department spokesperson, via Agence France-Presse and wire reports
Comey’s defense team, led by attorney Patrick Fitzgerald, moved to dismiss the case. Fitzgerald argued that two separate investigative teams during the first Trump administration had already examined the 2016 article and determined no charges should be brought against anyone. Fitzgerald maintained that the government missed its window to secure a valid indictment before the decade-long limit expired.
BREAKING: James Comey facing indictment in DC for alleged disclosure of classified information. Case goes to Judge McFadden. https://t.co/wfS028gvY5
Third Prosecution Against Comey Since January 2025
The new case represents the third federal prosecution launched against Comey since Donald Trump returned to the White House in January 2025. An earlier indictment accusing Comey of lying to Congress was thrown out by a federal judge who ruled the prosecutor had been unlawfully appointed. A second case, filed in North Carolina over an Instagram post featuring a photo of seashells spelling out the numbers "8647"—interpreted by the administration as a threat against the 47th president—remains pending.
In a video statement released shortly after the court documents were unsealed, Comey dismissed the allegations as political retribution.
Well, they’re back — again. 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. Nothing’s changed with me; I’m still innocent, I’m still not afraid of these people — and I still believe in an independent federal judiciary.
James Comey, former FBI Director
Judicial Ruling Reinstates Maurene Comey
The unsealing of the federal charging documents coincided with a separate courtroom defeat for the administration. A federal judge ruled that the dismissal of Comey’s daughter, Maurene Comey, from her position as an assistant U.S. attorney in New York was unlawful and retaliatory.
District Judge Jesse Furman ordered the Justice Department to provide the younger Comey with retroactive reinstatement. District Judge Jesse Furman ordered back pay, concluding that her due process rights had been violated during the purge of officials perceived as disloyal to the administration.
So now Comey’s admitting he was wrong. Wow, but he’s only doing so because he got caught red handed. He was actually caught a long time ago. So what are the consequences for his unlawful conduct. Could it be years in jail? Where are the apologies to me and others, Jim?
Comey suggests in new Substack post that he’s facing yet another case of some kind, this time in DC. Details unclear so far: https://t.co/j9TEUNTuxc
Well, they’re back — again. 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. Nothing’s changed with me; I’m still innocent, I’m still not afraid of these people — and I still believe in an independent federal judiciary.
James Comey, former FBI Director
More on James Comey
“The Justice Department has again charged James B. Comey, the third time the Trump administration has mounted a criminal case against the former FBI director — a prominent political foe of the president — since last year.” https://t.co/UezM94eznf
BREAKING: The Trump administration is attempting to prosecute former FBI Director James Comey again, newly unsealed court documents show. https://t.co/IarMA6goxG
NEW: The DOJ charged James Comey for a third time, accusing the former FBI director of unlawfully transmitting national defense information to the press in 2016.The move marks an escalation in Trump's ongoing retaliation campaign to prosecute his political foes.…
Comey's attorney Pat Fitzgerald issues a new statement after he was charged again: "For the third time in little more than one year, the Department of Justice has attempted to charge Mr. Comey with a federal crime. Mr. Comey steadfastly maintains his innocence.In September…
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