Trump's DOJ charges ex-FBI Director James Comey for the third time
WASHINGTON, DC: James Comey, the former director of the Federal Bureau of Investigation (FBI), is facing yet another criminal charge, with prosecutors, this time, accusing him of leaking classified national defence information.
This marks the Justice Department’s third attempt to bring criminal charges against Comey since President Donald Trump returned to office in January 2025.
Comey’s relationship with Trump has been deeply adversarial since the president fired him in 2017 after he launched the FBI’s investigation into Russian interference in the 2016 election.
James Comey faces charges of violating the Espionage Act
In the latest filings, federal prosecutors seek to charge Comey with two counts of violating the Espionage Act by transmitting national defense information to a person not entitled to receive it.
He is also charged with conspiring with others to violate the law against sharing such information.
Comey has neither been indicted by a grand jury nor charged through a criminal complaint. Instead, prosecutors have pursued the case through a criminal information filing.
A criminal information does not require approval by a grand jury or a finding by a magistrate judge of probable cause that there is evidence to establish that a crime was committed.
A Justice Department spokesperson said the filing was made to preserve the statute of limitations before it expired, adding that the matter remained under investigation. “This is an ongoing criminal investigation, and we will not comment further,” the spokesperson said.
The charges stem from allegations that Comey leaked national defense information to a newspaper in 2016 by communicating it with an unnamed individual.
According to court filings in the case, a New York Times article from October 5, 2016, reported that the email platform Yahoo was ordered to scan its site traffic for a specific computer signature allegedly tied to a “te***ist” organisation.
The Justice Department alleges that Comey sought to “correct misinformation which had appeared in the press by way of Reuters the day before.” Prosecutors also claim he “directed staff” to speak with a New York Times reporter about the accuracy of the Reuters report.
However, Comey’s lawyer, Patrick Fitzgerald, rejected the allegations, saying the filing “purports to charge Mr. Comey with crimes that he did not commit.” Fitzgerald added that investigators examined the matter twice during Trump’s first administration and “determined that no charges should be brought against anyone.”
James Comey maintains he is innocent
Comey has denied any wrongdoing in a Substack video, where he said, "Well, they're back again," a reference to the two prior attempts to charge him, including a dismissed indictment accusing him of lying to Congress and a still-pending indictment accusing him of threatening Trump via a social media post of a photo of seashells arranged to say "86 47."
"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 said.
"Nothing's changed with me. I'm still innocent, I'm still not afraid of these people, and I still believe in the independent federal judiciary,” he added.
The DOJ first indicted Comey in September 2025 on charges that he had lied to Congress during testimony and obstructed a congressional proceeding.
He pleaded not guilty the following month before the case was dismissed in November.
In April 2026, Comey turned himself in to authorities to face charges alleging that an image he briefly posted on social media constituted a threat against Trump’s life.
The case stemmed from a 2025 Instagram post by Comey, which contained a photo of seashells on a beach arranged to read "86 47."
"Eighty-six" is a slang term for "get rid of," and prosecutors allege it encourages violence against Trump, the 47th president.
Comey denied any wrongdoing, saying he did not know what the numbers meant and accused the prosecution of political motivation. That case is ongoing.
