US seeks new charges against former FBI chief James Comey

The Justice Department alleges that former FBI Director James Comey illegally disclosed national defense information in 2016. Prosecutors say he directed a staff member to contact a New York Times journalist. They claim the contact transferred classified information to someone unauthorized to receive it. Comey denies wrongdoing.

The allegation concerns an October 2016 story about a secret surveillance order involving Yahoo. The order reportedly required Yahoo to scan emails for messages potentially connected to a foreign terrorist organization. Prosecutors say Comey wanted the journalist to correct inaccurate information Reuters had published the previous day.

The case is significant because the disclosure was investigated twice before without criminal charges. Federal authorities first examined it in 2017, and a second investigation, code-named “Tropical Vortex,” closed in February 2020. Comey’s lawyers have asked the judge to dismiss the new case, and a ruling is pending.

A criminal information is a formal charging document filed directly by prosecutors. In this case, the Justice Department filed one in early October, shortly before the alleged offense reached its 10-year prosecution deadline. Prosecutors argue that the filing preserved or extended their ability to prosecute.

The key difference is approval. The article says a criminal information does not require approval from a grand jury or judge. An indictment does require that approval. That procedural distinction matters because the government used a criminal information rather than seeking an indictment before the deadline.

Comey’s lawyers dispute the government’s interpretation. They argue that federal law explicitly requires an indictment within 10 years and that a criminal information does not satisfy that rule. They have asked the judge to dismiss the case. The judge has not yet ruled, so the filing’s legal effect remains unresolved.

The alleged disclosure was investigated twice before the Justice Department brought the latest case. Federal authorities began examining it in 2017. According to Comey’s lawyers, prosecutor John Durham recommended against criminal charges in December 2018.

A second investigation began in 2019 under the code name “Tropical Vortex.” It also ended without charges, closing in February 2020. Comey’s attorney, Patrick Fitzgerald, pointed to both investigations when challenging the new prosecution.

Those earlier outcomes are central to Comey’s defense. His lawyers say the government twice decided that nobody should be charged, making the new case especially contested. The Justice Department has now filed a criminal information alleging the same disclosure involved an illegal transfer of classified information. A judge must decide whether the new filing can proceed, including whether it met the legal deadline.

If the judge agrees that prosecutors missed the legal deadline, the current case could be dismissed as untimely. The dispute centers on the statute of limitations, which sets how long authorities have to bring criminal charges. Comey’s lawyers say the government needed an indictment within 10 years.

The Justice Department instead filed a criminal information in early October, shortly before the deadline. Prosecutors argue that this filing was enough to extend the statute of limitations. Comey’s lawyers say federal law explicitly requires an indictment and that the criminal information does not satisfy that requirement.

A dismissal would prevent the prosecution from moving forward in its current form. It would resolve the procedural dispute without a trial on whether Comey directed the classified disclosure. The article does not state whether prosecutors could bring a different case afterward. For now, the judge’s ruling remains pending.

Relations remained hostile because Comey and Trump became political opponents after Trump took office in 2017. Comey had been appointed FBI director in 2013 by Barack Obama. During a private dinner, Comey resisted Trump’s request that he pledge personal loyalty.

Trump fired Comey in May 2017. At the time, the FBI was investigating Russian interference in the 2016 presidential election and possible connections to Trump’s campaign. The inquiry later went to special counsel Robert Mueller, who found Russian interference but insufficient evidence to prove criminal coordination between Moscow and the campaign.

The conflict continued after the firing. Trump repeatedly accused Comey of treason. Comey later compared Trump to a mafia boss in his 2018 memoir. Since Trump returned to the White House in January 2025, prosecutors have brought three criminal proceedings against Comey, though one was dismissed and another remains contested.

The Foreign Intelligence Surveillance Court, described in the article as a secret intelligence court, issued the surveillance order involving Yahoo. Its role was to approve the order before it took effect. The order reportedly required Yahoo to scan emails for messages potentially linked to a foreign terrorist organization.

The court’s involvement matters because the order concerned secret government surveillance and classified information. The article says the order had been issued by this court, but it does not describe the court’s procedures, membership, or broader legal powers. Those details are therefore outside the article’s account.

The alleged crime concerns what happened after the order was issued. Prosecutors say Comey directed a staff member to correct Reuters information by contacting a New York Times journalist. They allege that this contact revealed classified national defense information to an unauthorized person. Comey denies wrongdoing, and the judge has not ruled on the case.

Classified national defense information generally means government information related to national defense that is restricted from public or unauthorized access. The article does not provide a formal definition. It identifies the alleged material as classified information connected to a secret surveillance order involving Yahoo.

Federal law can make unauthorized disclosure criminal because such information is protected from people who lack permission to receive it. In this case, prosecutors allege that Comey directed a subordinate to contact a New York Times journalist. They say the contact resulted in the illegal transfer of classified national defense information.

Comey denies wrongdoing and calls the prosecution an abuse of the Justice Department. His lawyers also challenge the case on procedural grounds, arguing that the government filed a criminal information after the legal deadline. The judge has been asked to dismiss the case. The article does not state whether the information was ultimately proven classified or whether a trial will occur.