The US Department of Justice has made a new attempt to bring former FBI director James Comey to criminal liability. The charges relate to an alleged disclosure of national defense information to a journalist in October 2016, when Comey was the head of the federal bureau. This is the third criminal case against him initiated by the Donald Trump administration.
The document was filed on October 5, 2026 in federal court in Washington. Comey is charged with two counts - of leaking information to a person who was not entitled to receive it, and of conspiracy to commit the same offense. The prosecutor's office claims that he directed his staff to speak with a journalist from the “New York Times“ to correct information published the previous day by Reuters. The article in question was an October 5, 2016, article about a secret court order that required Yahoo to check emails for links to a foreign terrorist organization.
Unusual procedure due to statute of limitations
The Justice Department did not file a jury-approved indictment, but a document known as a criminal information. It allows prosecutors to file charges without a jury trial. The department said the procedure was used to stop the 10-year statute of limitations on the alleged 2016 violation from running.
Because Comey has not waived his right to a jury trial, prosecutors will ultimately have to seek an indictment if they want the case to proceed. Federal Judge Trevor McFadden unsealed the case on Oct. 26 after Comey requested that the case be made public. The judge ruled that the charges against the former FBI director for actions during his tenure were a matter of significant public interest.
Comey: “I am still innocent“
Comey's lawyer, Patrick Fitzgerald, said his client “absolutely maintains his innocence“ and will contest the charges. The defense argues that the 2016 publication was reviewed twice during the first Trump administration – once by the team of special counsel John Durham and a second time by the U.S. Attorney’s Office in Washington. Neither investigation recommended charges, Fitzgerald said.
“I’m still innocent and I’m not afraid of these people,” Comey said in a video message released after the court documents were released. The Justice Department declined further comment, describing the investigation as ongoing and defending the use of criminal information to suspend the statute of limitations.
The first case against Comey – for allegedly lying to Congress – was dismissed after a judge ruled that the prosecutor who filed the charges was illegally appointed. The department is appealing the decision. A separate case in North Carolina related to a social media post remains pending.
Sources: apnews.com, cbsnews.com, washingtonpost.com