Former FBI Director James Comey faces third federal criminal charge

James Comey, the former director of the Federal Bureau of Investigation, now faces a third federal criminal case. The new charges, unsealed on Monday in U.S. District Court in Washington, D.C., accuse him of knowingly sharing information related to national defense with an individual who did not have authorization to receive it.

The charging document, known as an information, states that Comey directed an unnamed person to disclose this classified material to a reporter at a national news publication. He is also charged with conspiring with others to violate the law against such disclosures. The court filing notes that the case was unsealed at Comey's request.

Comey's legal team is asking a judge to dismiss the new case. Their filing argues that the charges relate to an alleged disclosure of classified information to The New York Times on Oct. 5, 2016. They contend that two separate U.S. Attorneys investigated the matter over the past decade and both decided not to prosecute.

Patrick Fitzgerald, Comey's attorney, issued a statement via The Associated Press noting that the Department of Justice has attempted to charge his client with a federal crime for the third time in just over a year. Fitzgerald said Comey steadfastly maintains his innocence. The DOJ originally filed the information on Oct. 5 and asked Judge Trevor McFadden to keep it sealed to protect an ongoing investigation. McFadden granted that request on the same day.

On Oct. 9, Comey's attorneys filed a motion to dismiss, arguing that the ten-year statute of limitations for a grand jury indictment had expired relative to the 2016 events. They accused the DOJ of filing a faulty information under seal to pause the clock on the statute of limitations. On Monday, the attorneys asked McFadden to unseal the document, and the judge agreed.

This legal development occurred hours after a federal judge in New York ruled that the DOJ unlawfully fired Comey's daughter, Maurene Comey, last year. She had been serving as an assistant U.S. attorney for the Southern District of New York. The ruling adds to the ongoing tension between the former director and the administration of President Donald Trump, who fired Comey in 2017 and with whom he has been a fierce critic.

Comey addressed the news in a video message on Substack. He said, "Well, they're back, again." He described the action as an appalling abuse of the Department of Justice that the public should not become numb to. Comey stated, "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."

The former director added that he is lucky to have his family and his legal team, who will fight the latest charges and whatever follows. He told his audience, "The next couple of years are going to be hard for all of us. It's really important that we stand straight and keep the faith in America." Comey is currently in North Carolina federal court seeking to dismiss a separate indictment. There, he is charged with threatening Trump's life by posting a photo of seashells arranged to form the numbers "86 47" on social media in late April.

Prosecutors in the North Carolina case claim the number "86" was code for suggesting someone kill the 47th U.S. president. Comey has denied wrongdoing in that matter. His first indictment, from September 2025, concerned false statements and obstruction related to 2020 testimony about Hillary Clinton. A judge dismissed that case on Nov. 24, 2025, ruling that the interim U.S. attorney who obtained it had been invalidly appointed.