Comey Faces Third Federal Charge in Unsealed 2016 Leak Case

Former FBI Director James Comey is facing a third federal criminal case after a judge in Washington D.C. unsealed a charging document on Monday. The filing accuses Comey of knowingly communicating information related to national defense to a person not authorized to receive it. The information also charges him with conspiring with others to violate the law.

The legal documents state that Comey directed an unnamed individual to disclose national defense information to a reporter for a national news publication. His lawyers argue the case involves the alleged disclosure of classified information to The New York Times on October 5, 2016. They claim that two separate U.S. Attorneys investigated the matter over the past decade, and both declined to prosecute.

Comey's legal team is seeking to dismiss the new case. They filed a motion on October 9, arguing that the ten-year statute of limitations for a grand jury indictment had expired. The attorneys accused the Department of Justice of filing a faulty information under seal to pause the statute of limitations. The Department of Justice filed the information on October 5 and initially asked Judge Trevor McFadden to seal it to protect an ongoing criminal investigation.

Patrick Fitzgerald, an attorney for Comey, said in a statement that the Department of Justice has attempted to charge his client for the third time in little more than a year. He stated that Comey steadfastly maintains his innocence. This latest development follows a history of tension between Comey and President Donald Trump, who fired him as FBI director in 2017.

Comey is currently seeking dismissal of a separate indictment in North Carolina federal court. That case accuses him of threatening Trump's life by posting a photo of seashells arranged to form the numbers 86 47 on social media. Prosecutors claim the number 86, a restaurant term for removing an item, was code for killing the 47th U.S. president. Comey has denied any wrongdoing in that case.

The unsealing of this new complaint occurred hours after a federal judge in New York ruled that the Department of Justice unlawfully fired Comey's daughter, Maurene Comey, last year. She served as an assistant U.S. attorney for the Southern District of New York. The timeline highlights the continued legal scrutiny surrounding the former director.

In a video message on Substack, Comey addressed the new case directly. He stated that he is still innocent and not afraid of the people involved. He expressed confidence in the independent federal judiciary and noted that his legal team will fight the latest charges. He described the coming years as difficult but urged supporters to maintain faith in America.

Comey was first indicted in September 2025 in Virginia on charges of making a false statement and obstruction. That case stemmed from his September 2020 testimony before the Senate Judiciary Committee regarding an anonymous source in the Hillary Clinton email investigation. A judge dismissed that indictment on November 24, 2025, ruling that the interim U.S. attorney who obtained it had been invalidly appointed.