Comey faces third federal charge over 2016 leak
The former FBI director was accused of sharing national defense secrets with a New York Times reporter, a case his lawyers say was buried for a decade.
By Omar Bennett ·
Former FBI Director James Comey was charged with federal crimes for the third time on Monday. A court filing unsealed in U.S. District Court in Washington, D.C., accuses him of knowingly communicating information related to national defense to a person not entitled to receive it. The document also charges him with conspiring to violate that law.
The charging document states that Comey directed an unnamed individual to disclose national defense information to a reporter for a national news publication. His lawyers say the incident occurred on Oct. 5, 2016, when classified information was allegedly shared with The New York Times.
Comey’s legal team is seeking to dismiss the new case. They argue that two separate U.S. Attorneys investigated the alleged disclosure over the past ten years and both declined to prosecute. The attorneys told Judge Trevor McFadden that the Department of Justice filed a faulty information under seal to pause the statute of limitations.
The DOJ filed the information on Oct. 5 and asked a judge to seal it to protect an ongoing criminal investigation. Judge McFadden granted that request the same day. On Oct. 9, Comey’s lawyers filed a motion to dismiss, arguing that the 10-year statute of limitations for events of Oct. 5, 2016, had expired. On Monday, the judge agreed to unseal the document.
Patrick Fitzgerald, Comey’s attorney, said in a statement that the Department of Justice has attempted to charge his client for the third time in little more than one year. Fitzgerald stated that Comey steadfastly maintains his innocence.
The new charge comes as Comey navigates other legal battles. In North Carolina federal court, he is currently seeking dismissal of an indictment that accuses him of threatening President Donald Trump’s life. Prosecutors claim Comey posted a photo of seashells on a beach arranged to form the numbers 86 47 on social media in late April. They argue the number 86 is code for killing the 47th U.S. president.
Comey was first indicted in September 2025 in Virginia on charges of making a false statement and obstruction. That case involved his testimony before the Senate Judiciary Committee on Sept. 30, 2020. A judge dismissed that indictment on Nov. 24, 2025, after ruling that the then-interim U.S. attorney who obtained it had been invalidly appointed.
The news of the new charge emerged hours after a federal judge in New York ruled that the Department of Justice unlawfully fired Comey’s daughter, Maurene Comey, last year. She had served as an assistant U.S. attorney for the Southern District of New York.
In a video message on Substack, Comey addressed the new case directly. He said, 'Well, they're back, again.' He described the action as an appalling abuse of the Department of Justice. Comey stated that he is still innocent and not afraid of the people pursuing the case.
Comey added that he believes in the independent federal judiciary. He said the next couple of years will be hard for all of them and that it is important to stand straight and keep faith in America. He credited his family and lawyers for standing up in court to fight the latest charges and whatever comes after.
Source: CNBC
