Ex-FBI chief James Comey faces federal charges for third time

Federal prosecutors are trying to charge James Comey with two counts involving alleged leaks of national defence information. The allegation matters because classified disclosures can trigger criminal prosecution, especially when prosecutors claim the information was protected by national security laws. Comey denies wrongdoing and calls the case an abuse of the Justice Department.

According to Comey's lawyers, the charges relate to an alleged disclosure to The New York Times in October 2016. That disclosure allegedly occurred while Comey was FBI director. The three-page court filing gives few details, and the charges remain under seal, so the government's precise claims are not publicly clear.

Comey's legal team has filed a motion to dismiss. Former prosecutor Glenn Kirschner said the alleged conduct may fall outside the 10-year statute of limitations. If a judge agrees, the charges could be dismissed before a trial. The case is the Justice Department's third attempt to prosecute Comey.

The Justice Department has now made three attempts to bring criminal charges against James Comey. The repeated prosecutions matter because Comey has been a longtime critic of Donald Trump, who fired him and has repeatedly called for his prosecution. Comey says the latest case is politically motivated.

In September 2025, a federal grand jury indicted Comey for allegedly lying to Congress and obstructing a congressional proceeding. He pleaded not guilty the next month, but the case was dismissed in November. In April 2026, he surrendered over allegations that a social-media image threatened Trump's life.

That second case concerns a 2025 Instagram photograph of seashells arranged as “86 47.” Prosecutors say the phrase encouraged violence against Trump, while Comey says he did not know its meaning. Unlike the dismissed congressional case, that prosecution is still ongoing. The newest disclosure case adds another legal challenge.

A criminal information is a formal written charging document filed directly by a prosecutor. It allows prosecutors to begin a criminal case without first asking a grand jury to approve an indictment. The distinction matters because the charging route affects who formally authorizes the accusation at that stage.

In Comey's case, federal prosecutors filed a criminal information in Washington, DC. An indictment works differently. A grand jury, made up of citizens sworn to review evidence, must decide whether the evidence is strong enough to prosecute. If it approves, prosecutors can bring the indictment against the accused.

The filing against Comey contains two counts, but few details are public because the case was still under seal when the article was published. His lawyers say it concerns an alleged classified-information disclosure to The New York Times. They have asked a judge to dismiss the charges, challenging the government's case before trial.

A statute of limitations sets a deadline for bringing certain criminal charges. If the alleged disclosure happened too long ago, a judge can find that the prosecution was filed late. The consequence could be dismissal, preventing the government from continuing this case on those charges.

The alleged disclosure concerns October 2016, when Comey led the FBI. Former federal prosecutor Glenn Kirschner told the BBC that the case may have exceeded the 10-year limit. Comey's lawyers have already filed a motion to dismiss, and Kirschner said it has a very good chance of being granted.

A dismissal would be a major setback for prosecutors, but the article does not describe what further legal options might exist. The current filing gives few details, and the charges were still under seal. For now, the judge must consider Comey's limitation argument and the government's response before deciding whether the case can proceed.

Comey was investigating alleged Russian meddling in the 2016 US presidential election because the FBI had opened an inquiry into those claims. The investigation placed the FBI director at the center of a politically explosive question: whether Russia had interfered in the election. The article does not provide further details about the investigation's evidence or findings.

The inquiry damaged Comey's relationship with Donald Trump. Trump fired Comey during his first presidential term, after the former FBI director opened the investigation. Since then, Trump has repeatedly called for Comey's prosecution. Comey became one of Trump's longtime critics.

That history now shapes the response to the new charges. Comey says the prosecution is an appalling abuse and politically motivated. Critics, including Glenn Kirschner, describe the case as revenge-driven, while Jessica Levinson notes that cases against Trump's perceived political enemies have had different outcomes. The courts will determine what happens next.

US law generally protects information whose disclosure could harm national security. This can include classified military plans, intelligence sources and methods, sensitive defence technology, and information about national-defence operations. The article itself gives no details about what information Comey allegedly disclosed, identifying it only as classified national defence information.

The key mechanism is classification and authorization. Information is restricted because officials decide that unauthorized access or disclosure could damage national defence. A person who knowingly reveals protected information may violate criminal statutes, depending on the facts and the law involved. Prosecutors would need to prove the required elements of the charged offences.

In this case, the alleged disclosure supposedly reached The New York Times in October 2016. The filing contains two counts but few public details, and the charges remain under seal. Comey denies wrongdoing. His lawyers argue the case should be dismissed, including because the alleged conduct may be too old to prosecute.

These institutions have different jobs in a federal criminal case. Federal prosecutors investigate alleged crimes, present accusations, and represent the government. The Justice Department is the federal department containing those prosecutors. A court provides the neutral legal forum, while a judge rules on motions and manages the case. A jury may decide guilt at trial.

A grand jury has a narrower early role. It reviews evidence presented by prosecutors and decides whether there is enough basis to approve an indictment. A criminal information bypasses that approval and is filed directly by a prosecutor. In Comey's case, prosecutors used a criminal information, not an indictment.

The process is not complete when charges are filed. Comey's lawyers have asked the court to dismiss the case, arguing that the alleged disclosure may be outside the 10-year limitation period. A judge will decide that challenge. If the case survives, later court proceedings would determine whether the allegations are proven.