Former FBI Director James Comey Faces Federal Leak Charges, His Third Criminal Case

A three-page court filing made public this week shows that federal prosecutors have taken steps to charge James Comey, the former FBI director, with leaking national defence information. It is the third time the Justice Department has moved to bring criminal charges against him. Comey has long been a critic of President Donald Trump.

The filing says little about the two counts. Comey's lawyers, in separate court papers, say the case stems from an alleged disclosure of classified information to the New York Times in October 2016, while he was running the FBI. The charges were brought in Washington DC by way of a criminal information, a written charging document filed directly by a prosecutor. That differs from an indictment, which must be approved by a grand jury, a group of citizens sworn in to decide whether the evidence is strong enough to prosecute.

Comey answered on Monday in a video posted on Substack. He said it would almost be funny if it were not such an appalling abuse of the Department of Justice, one that people cannot become numb to. He added that nothing had changed: he is still innocent, still not afraid of these people, and still believes in the independent federal judiciary.

His lawyer, Patrick Fitzgerald, said two different teams of prosecutors had looked into the alleged disclosure to the Times a decade ago, during Trump's first administration. According to Fitzgerald, both times the government decided no charges should be brought against anyone. He said the filing purports to charge Comey with crimes he did not commit. The defence has already filed a motion to dismiss.

Former federal prosecutor Glenn Kirschner told the BBC the case may have run past the 10-year statute of limitations, which in his view gives the motion to dismiss a very good chance of being granted. He also described the charges as a revenge-fuelled attempt by Trump to have his Justice Department find something that might stick.

The background is a long-running feud. Trump fired Comey during his first term, after the FBI director opened an investigation into claims of Russian meddling in the 2016 presidential election. Trump has since repeatedly called for Comey's prosecution, and these charges are the administration's third attempt.

The first came in September 2025, when a federal grand jury indicted Comey on charges that he lied to Congress in testimony and obstructed a congressional proceeding. He pleaded not guilty the following month, and the case was dismissed in November. In April 2026 he surrendered to authorities to face a second set of charges, alleging that an image he briefly shared on social media threatened Trump's life. The image was a 2025 Instagram photo of seashells on a beach arranged to read "86 47." Eighty-six is slang for "get rid of," and prosecutors allege the post encourages violence against Trump, the 47th president. Comey says he did not know what the numbers meant and accuses prosecutors of political motivation. That case is still ongoing.

The newest charges became public the same day a federal judge ruled that the Justice Department illegally fired Comey's daughter, Maurene Comey. She lost her job as a federal prosecutor in New York in July 2025 and sued, arguing she was fired because of her father and her perceived political affiliations. The judge ruled on Monday that the administration must reinstate her and give her back pay.

What to watch now is the ruling on the motion to dismiss, particularly the statute of limitations question, and the progress of the separate "86 47" case.