Federal prosecutors accuse the former FBI director of unlawfully providing sensitive national security information to a journalist in 2016, marking the Trump administration’s third attempt to prosecute Comey amid a dispute over the legality of the latest charges.
By yourNEWS Media Newsroom
The Justice Department has initiated a third criminal case against former FBI Director James Comey, accusing him of unlawfully disclosing national defense information to a journalist in October 2016 and conspiring with others to facilitate the alleged disclosure.
The two-count criminal information, filed Oct. 5 in U.S. District Court for the District of Columbia and unsealed Monday, Oct. 26, alleges that Comey directed the transmission of sensitive government information to a reporter while serving as FBI director.
According to Fox News’ reporting on the newly disclosed charges, prosecutors accuse Comey of knowingly and willfully communicating information related to national defense to someone unauthorized to receive it.
The allegations involve communications with a New York Times journalist concerning U.S. email surveillance operations in October 2016. Prosecutors contend that Comey directed others to disclose information connected to a news report about government surveillance activities.
The criminal information alleges that Comey had reason to believe the material could be used to harm the United States or benefit a foreign government, language reflecting elements of the federal law governing unauthorized disclosures of national defense information.
The two counts involve alleged transmission of national defense information and conspiracy to transmit such information.
However, the latest proceeding differs from a conventional federal indictment because prosecutors filed a criminal information without obtaining approval from a grand jury.
The distinction has become central to Comey’s legal challenge.
A criminal information is a charging document submitted directly by prosecutors rather than approved through a grand jury indictment. Federal felony prosecutions generally require a grand jury indictment unless the defendant waives that constitutional protection.
Comey has not waived indictment, and his attorneys argue that the government’s attempt to proceed through a criminal information is legally improper.
According to CBS News’ examination of the filing, the Justice Department submitted the document to preserve its ability to pursue charges before the 10-year statute of limitations expired.
The alleged disclosure occurred around Oct. 5, 2016, while prosecutors filed the criminal information exactly 10 years later.
A Justice Department spokesperson defended the procedure, describing the filing as a recognized method of preserving criminal allegations before a limitations deadline.
“The Department filed a waiverless criminal information to toll the statute of limitations as it relates to allegations concerning former FBI Director Comey,” the department said in a statement.
“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.”
Comey’s attorneys dispute the government’s legal position and have requested dismissal of the case.
The former FBI director also publicly rejected the allegations Monday, accusing the administration of misusing federal law enforcement.
“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,” Comey said in a video statement.
“Nothing’s changed with me. I’m still innocent.”
Comey’s attorney, Patrick Fitzgerald, maintained that his client had not committed the alleged offenses and would continue challenging the prosecution.
The criminal information became public after Comey’s legal team sought to unseal the proceedings, which had remained confidential since early October.
According to Reuters’ reporting on the case, prosecutors allege that Comey conspired to provide sensitive information to a New York Times reporter concerning federal surveillance activities.
The alleged disclosure reportedly involved information connected to an October 2016 article about Yahoo’s assistance with a government email surveillance operation.
The filing does not establish that Comey personally transmitted the material. Prosecutors instead allege that he directed or participated in arrangements involving other individuals who communicated with the journalist.
Whether the government can establish that the information met the statutory definition of national defense information, that Comey knowingly authorized its disclosure and that the prosecution was initiated within applicable legal deadlines remains unresolved.
The new case adds to two previous federal criminal matters involving Comey since President Donald Trump returned to office in January 2025.
In September 2025, federal prosecutors charged Comey with making false statements to Congress and obstructing a congressional proceeding in connection with his September 2020 testimony about FBI investigations and communications with journalists.
A federal judge dismissed that prosecution in November 2025 after determining that the prosecutor who obtained the indictment had been unlawfully appointed.
The Justice Department appealed the dismissal, leaving the dispute over the original charges unresolved.
Comey also faces a separate criminal prosecution in North Carolina concerning a May 2025 social media post depicting seashells arranged to form the numbers “8647.”
Federal authorities interpreted the image as a potential threat against Trump, the 47th president, because the number 86 can be used as slang for removing or eliminating someone.
Comey denied intending any threat and said he removed the image after learning that some people had interpreted it as advocating violence.
That prosecution remains pending.
The latest national defense information allegations therefore represent the administration’s third criminal case involving Comey, although the legal status of the proceedings differs.
The original congressional testimony case was dismissed and remains subject to appeal, the North Carolina case is ongoing, and the Washington prosecution faces an immediate procedural challenge because prosecutors have not secured a grand jury indictment.
The new filing also emerged on the same day a federal judge ruled that the Justice Department unlawfully dismissed Comey’s daughter, Maurene Comey, from her position as a federal prosecutor in Manhattan.
U.S. District Judge Jesse Furman determined that her July 2025 termination violated federal employment protections and ordered retroactive reinstatement and back pay for the period before she accepted another position.
The court did not determine whether her dismissal was motivated by her father’s disputes with the Trump administration.
The Justice Department has announced plans to appeal that decision.
James Comey’s relationship with Trump has been contentious since the president dismissed him as FBI director in May 2017.
Comey subsequently became a prominent public critic of Trump, while the president repeatedly accused him of misconduct during FBI investigations involving the 2016 presidential election and allegations of Russian interference.
The administration has maintained that prosecutions involving former government officials are based on alleged violations of federal law. Comey and his attorneys have argued that the repeated criminal proceedings against him constitute politically motivated retaliation.
Those competing allegations remain disputed.
The latest case will require federal courts to determine whether prosecutors can preserve potential felony charges through an information filed without a grand jury indictment and whether the government’s allegations can proceed under the applicable statute of limitations.
For now, Comey has denied wrongdoing, and the Justice Department has not obtained a conviction against him in any of the three criminal matters.
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