Key takeaways:
- The Justice Department filed a two-count criminal information alleging Comey leaked national defense information connected to a 2016 New York Times article.
- Comey's lawyers say earlier investigations ended without charges and argue prosecutors needed an indictment within the 10-year time limit.
- One earlier case against Comey was dismissed in November 2025; a separate case involving a seashell photo remains pending.
Federal prosecutors are seeking to charge former FBI Director James Comey over an alleged leak of classified information tied to a 2016 newspaper article, opening a third criminal case against a longtime critic of President Donald Trump.
The Justice Department filed a two-count criminal information accusing Comey of leaking national defense information, according to newly unsealed court documents. The filing provides few details. Comey denies wrongdoing, and his lawyers say the allegations were investigated twice before without charges.
“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 posted Monday. “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.”
The case concerns an October 2016 New York Times article about a secret court order requiring Yahoo to scan emails for messages potentially linked to a foreign terrorist organization, The Associated Press reported. Prosecutors allege that Comey sought to correct information published by Reuters the previous day and directed his staff to speak with a Times journalist about accuracy concerns, thereby illegally transferring classified information.
Comey’s lawyer, Patrick Fitzgerald, said two teams of prosecutors had examined the alleged disclosure. According to The Associated Press, prosecutor John Durham recommended against charges in December 2018, and a second investigation opened in January 2019 closed without charges in February 2020.
“Both times the Government determined that no charges should be brought against anyone,” Fitzgerald said. He called the latest filing an attempt to charge Comey with “crimes that he did not commit.”
The Justice Department says it filed the criminal information to extend the time available to seek an indictment. A department spokesperson called that a “widely recognized practice in federal court” and said the investigation is ongoing. Unlike an indictment, a criminal information does not require a grand jury’s approval.
Comey’s lawyers argue that the filing is invalid because the applicable 10-year time limit requires an indictment, not an information. They have asked a judge to dismiss it; the request remains pending, The Associated Press reported.
Comey has faced two other federal cases since Trump returned to the White House. A grand jury indicted him in September 2025 on charges of lying to Congress and obstructing a congressional proceeding. Comey pleaded not guilty, and a judge dismissed the case in November. The Associated Press reported that the judge found the prosecutor who brought it had been illegally appointed.
A separate case remains pending over a 2025 Instagram post showing seashells arranged to read “86 47.” Prosecutors allege the image encouraged violence against Trump, the 47th president, because “eighty-six” can mean “get rid of.” Comey denies wrongdoing and says he did not know what the numbers meant.
Trump fired Comey in May 2017 while the FBI was investigating potential ties between Russia and Trump’s 2016 campaign. The two have remained publicly at odds, and Trump has repeatedly called for Comey’s prosecution.
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