Prosecutors accuse the former FBI director of transmitting national defense information and conspiring to disclose it to a reporter in 2016.
WASHINGTON, DC — Former FBI Director James Comey is facing two new federal charges tied to an alleged disclosure of sensitive national security information to a reporter in October 2016, according to court records unsealed Monday.
The Justice Department filed a criminal information accusing Comey of transmitting national defense information and conspiring to transmit national defense information. The case marks the third federal prosecution effort against Comey during President Donald Trump’s second term. Comey has denied wrongdoing, and his lawyers have already asked a federal judge to dismiss the latest case.
The charging document was filed under seal Oct. 5 in U.S. District Court for the District of Columbia, 10 years after the alleged disclosure. Unlike an indictment, which is approved by a grand jury, a criminal information is filed by prosecutors. Comey has not waived his right to a grand jury, meaning prosecutors would ultimately need to obtain an indictment if they intend to pursue felony charges against him through trial.
The Justice Department said it used the criminal information to preserve its ability to prosecute the allegations before the 10-year statute of limitations expired. A department spokesperson described that approach as a widely recognized practice in federal court and said the matter remains an ongoing criminal investigation. Comey’s lawyers dispute that interpretation and argue the filing did not lawfully stop the limitations period from running.
According to court filings, prosecutors allege Comey directed members of his staff to communicate with a New York Times reporter about U.S. email surveillance in October 2016. Prosecutors contend information later published by the newspaper was substantially similar to classified material circulated within the intelligence community shortly before the article appeared. The charging document itself provides limited detail about the alleged disclosure.
Comey’s defense has said the matter was examined previously without criminal charges being recommended. His attorney, Patrick Fitzgerald, said the latest filing accuses Comey of crimes he did not commit. Comey also released a video after the case became public in which he maintained his innocence and criticized the Justice Department’s decision to pursue the prosecution.
U.S. District Judge Trevor McFadden ordered the case unsealed after Comey’s lawyers sought public access to the filings and prosecutors did not object. McFadden wrote that criminal allegations against a former FBI director for conduct while in office carry significant public interest. He has not yet ruled on Comey’s request to dismiss the case.
The new case adds to two other recent federal prosecutions involving Comey. In 2025, prosecutors charged him in Virginia with making false statements to Congress about media disclosures, but a federal judge dismissed that case after finding the prosecutor who brought it had been unlawfully appointed. The Justice Department has appealed that dismissal.
Comey also faces a separate federal case in North Carolina stemming from a social media post made in 2025. Prosecutors allege the post constituted a threat against Trump. Comey has denied that allegation as well and has sought dismissal of that case. No finding of guilt has been made in either matter.
The latest Washington case now turns on both the underlying leak allegations and a threshold legal dispute over whether prosecutors properly preserved the case before the statute of limitations expired. McFadden has not ruled on Comey’s dismissal motion, and the Justice Department has said it will not provide further comment while the investigation remains open.
Author note: Last updated October 27, 2026.