Federal prosecutors have moved to charge former FBI Director James Comey with leaking national defense information, according to a recent court filing. This marks the third instance in which the Justice Department has attempted to bring criminal charges against Comey, a prominent critic of President Donald Trump. The filing alleges that Comey disclosed classified information to the New York Times in October 2016, while he served as head of the bureau.
The charges were brought via a criminal information, a formal document filed directly by a prosecutor, rather than a grand jury indictment. Comey’s legal team has stated that the case centers on an alleged disclosure from a decade ago. Comey has denied any wrongdoing, characterizing the new charges as an abuse of prosecutorial power.
What the Right Is Saying
The Justice Department, under the current administration led by President Donald Trump, has continued its efforts to prosecute Comey. This is the third attempt by the department to bring charges against the former FBI director, who was fired by Trump during his first term after opening an investigation into Russian meddling in the 2016 US presidential election. President Trump has repeatedly called for Comey's prosecution in the years since his dismissal.
The current filing alleges that Comey leaked national defense information, a charge that follows previous legal actions. In September 2025, Comey was indicted on charges of lying to Congress and obstructing congressional proceedings, though that case was dismissed in November. In April 2026, he faced charges related to an Instagram post containing the phrase "86 47," which prosecutors alleged posed a threat to the life of the 47th president. That case remains ongoing.
What the Left Is Saying
James Comey, through his attorney Patrick Fitzgerald, has rejected the charges, stating that two separate teams of prosecutors during the first Trump administration had previously investigated the alleged disclosure and determined that no charges should be brought against anyone. Fitzgerald noted that the current filing "purports to charge Mr Comey with crimes that he did not commit."
In a video statement posted on Substack, Comey described the situation as "appalling." He stated, "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 affirmed his innocence and expressed confidence in the independent federal judiciary, adding, "Nothing's changed with me - I'm still innocent, I'm still not afraid of these people and I still believe the independent federal judiciary."
What the Numbers Show
This is the third time the Justice Department has moved to bring criminal charges against James Comey. The current filing consists of three pages and includes two counts related to the alleged disclosure of classified information. The alleged leak occurred in October 2016. The previous case involving the Instagram post, filed in April 2026, is still in progress. The earlier indictment from September 2025 was dismissed in November 2025. The use of a criminal information bypasses the grand jury process, which requires a group of citizens to review evidence for sufficiency before indictment.
The Bottom Line
The new charges represent a continuation of legal battles between the Trump administration and James Comey, spanning from the 2016 election investigations to present-day allegations of leaks and threats. The use of a criminal information rather than a grand jury indictment highlights a specific procedural choice by prosecutors. The case is expected to proceed through the federal courts, with Comey's defense team preparing to challenge the validity of the charges given the prior decisions by prosecutors not to indict on these grounds. Legal analysts will watch for how the judiciary handles the repeat prosecution attempts and the specific evidence presented for the 2016 leak allegations.