DOJ charges ex-FBI Director James Comey in new case

The new federal case accuses former FBI Director James Comey of two related crimes. First, he allegedly knowingly communicated national defense information to a person not entitled to receive it. Second, he allegedly conspired with others to violate that restriction. These charges concern the handling of sensitive government information, not the separate cases involving his testimony or social-media post.

The charging document says Comey acted “through one or more co-conspirators.” It alleges he directed an unnamed individual to disclose national defense information to a reporter for a national news publication. Comey’s lawyers say the alleged disclosure involved classified information given to The New York Times on October 5, 2016.

Comey denies wrongdoing and is seeking dismissal. His lawyers say two U.S. Attorneys investigated the disclosure over ten years and declined prosecution. They also argue that the statute of limitations expired before the Department of Justice filed the case.

An information is a formal charging document filed by prosecutors in court. It states the alleged crimes and the facts supporting them. Unlike an indictment, it generally does not result from a grand jury’s vote. The distinction matters because the charging method can affect the timing and procedure of a federal case.

Here, the Department of Justice filed an information against Comey on October 5 and asked that it remain sealed. The document alleges that he directed an unnamed person, through co-conspirators, to disclose national defense information to a reporter. Comey’s lawyers say the filing was faulty and designed to put the statute of limitations on hold.

The judge initially sealed the document because prosecutors cited risks to an ongoing investigation. After Comey’s lawyers asked for disclosure, Judge Trevor McFadden agreed to unseal it. The article does not establish whether the information will replace or lead to an indictment.

National defense information generally means information connected to the nation’s military or security interests that the government protects from unauthorized disclosure. The article connects the allegation to classified information, although the charging document uses the broader phrase “national defense information.” Sharing such information can be a federal crime because disclosure may expose protected government knowledge to someone not entitled to receive it.

The alleged example involves October 5, 2016. Comey’s lawyers say prosecutors accuse him of directing, through one or more co-conspirators, an unnamed person to disclose information to a reporter for The New York Times. The new case includes both the alleged communication and a conspiracy charge.

Comey’s defense challenges the case rather than accepting the government’s description. His lawyers say two U.S. Attorneys previously investigated the alleged disclosure and declined prosecution. They also argue that the ten-year deadline expired. The article does not establish whether the information was ultimately proven to be classified or harmful.

The new case is the third federal prosecution the Department of Justice has attempted against Comey in little more than one year. Comey’s attorney, Patrick Fitzgerald, said Comey maintains his innocence. The cases have followed years of conflict between Comey and President Donald Trump, who fired him as FBI director in 2017.

The first case was filed in September 2025. It accused Comey of making a false statement and obstruction related to 2020 Senate testimony. A judge dismissed it on November 24, 2025, ruling that Lindsey Halligan, the then-interim U.S. attorney who obtained it, had been invalidly appointed.

The second case is pending in federal court in North Carolina. It accuses Comey of threatening Trump’s life through an Instagram image showing seashells arranged as “86 47.” Comey denies wrongdoing and seeks dismissal. The third case concerns alleged disclosure of national defense information and conspiracy.

A statute of limitations sets the deadline for prosecutors to begin a criminal case. It protects defendants from facing charges after an excessive delay. Comey’s lawyers say the alleged conduct occurred on October 5, 2016, so the applicable ten-year period had expired when the DOJ filed the information in 2026.

The timing is central to the fight. Prosecutors filed the information on October 5 and asked Judge Trevor McFadden to seal it. Comey’s lawyers accuse the DOJ of filing a “faulty information under seal” to put the limitations period on hold. They filed a motion to dismiss on October 9, arguing that a grand jury indictment had not been filed within the required period.

The court must decide whether the filing legally stopped the clock and whether the information properly initiated the case. If the court accepts Comey’s argument, the case could be dismissed. The article does not report a final ruling on that motion.

Federal prosecutors investigate alleged crimes and bring charges in court. For an indictment, they present evidence to a grand jury, which decides whether enough basis exists to charge someone. Defense lawyers represent the accused and can seek dismissal, challenge the charging document, and argue that deadlines or procedures were violated. A judge resolves those legal disputes.

In Comey’s new case, the DOJ filed an information and asked that it be sealed because disclosure might compromise an ongoing investigation. Comey’s lawyers responded with a motion to dismiss. They argued that the ten-year statute of limitations had expired and that the filing was faulty. Judge Trevor McFadden first approved sealing, then agreed to unseal the information.

The earlier Virginia prosecution illustrates another judicial role. A judge dismissed that indictment after ruling that Lindsey Halligan, who obtained it, had been invalidly appointed. The court’s decisions can therefore determine whether a prosecution proceeds, regardless of the accusation’s political importance.

National-security cases require the government to protect sensitive information, but defendants must still be able to understand and contest the accusations. The balance rests on court supervision, defense representation, and rules governing what prosecutors may disclose. The article specifically shows secrecy being requested to protect an ongoing investigation, not secrecy that permanently blocks review.

The DOJ filed Comey’s information under seal, saying public disclosure could compromise the investigation. Comey’s lawyers were notified, challenged the case, and argued that the filing was untimely and faulty. Judge Trevor McFadden initially approved the seal, then unsealed the document after Comey’s lawyers requested it. That sequence gave the government temporary protection while preserving judicial review.

Comey says he still believes in an independent federal judiciary. The judge must now consider the limitations argument and other challenges. The article does not describe the procedures for handling classified evidence at trial, so it does not establish how every national-security issue would be managed.