The Justice Department has initiated a new criminal proceeding against former FBI Director James Comey, accusing him of leaking national defense information in 2016, according to recently unsealed court documents. The charges, filed as a criminal information in federal court in Washington, D.C., allege that Comey improperly disclosed classified information that subsequently appeared in a New York Times article. This marks the government’s third legal effort against Comey, a frequent critic of former President Donald Trump.
The charging document asserts that in October 2016, while serving as FBI director, Comey directed staff to speak with a Times reporter in an attempt to correct details published by Reuters. Prosecutors contend this directive led to the unauthorized disclosure of classified materials. The filing does not represent an indictment but allows prosecutors to bypass that step while pursuing the case. A Justice Department spokesperson said the waiverless criminal information was filed to extend the statute of limitations beyond the 10-year mark, enabling the department to seek an indictment. The department declined further comment, describing the matter as an ongoing criminal investigation.
Comey, who was appointed FBI director by President Barack Obama and dismissed by President Trump in 2017 during the Russia investigation into the 2016 campaign, pledged to vigorously contest the charges. In a video statement posted on Monday, Comey characterized the developments as an “appalling abuse” of the Justice Department and maintained his innocence. He accused the department of politically motivated prosecutions and reaffirmed his confidence in the independence of the federal judiciary.
This latest action follows prior attempts to bring Comey to trial. In September 2025, he was indicted on accusations of lying to Congress during a 2020 hearing, but a federal judge later dismissed that case, ruling that the prosecutor was improperly appointed. Separately, Comey is also facing pending charges related to a social media post from 2025 in which he arranged seashells to form the numbers "86 47." Trump administration officials interpreted the post as a coded threat encouraging violence against the former president. Comey denies all allegations and describes the legal pursuits as retaliatory.
Comey’s legal team contended in filings that two separate U.S. attorneys previously examined the conduct at issue and declined to prosecute. The filings reveal a protracted legal battle over the investigation, with Comey’s lawyers first raising concerns on October 9 about a possible imminent arrest. The unsealing of the new charges arrives amid heightened political tensions and increased pressure from Trump and his allies on the Justice Department to pursue legal actions against perceived political opponents in the lead-up to the midterm elections.