DOJ Charges James Comey in Third Federal Case Over 2016 News Disclosure

The Department of Justice has charged former FBI Director James Comey with a third set of federal crimes in less than a year. A court filing unsealed on Monday in U.S. District Court in Washington, D.C., accuses Comey of knowingly communicating national defense information to a person not authorized to receive it.

The charging document, known as an information, states that Comey directed an unnamed individual through co-conspirators to disclose classified details to a reporter for a national news publication. The filing was made public at Comey's request after the judge granted his motion to unseal it.

Comey's legal team argues the case involves an alleged disclosure to The New York Times on October 5, 2016. They note that the matter was investigated by two separate U.S. Attorneys over the past decade, and both declined to prosecute the issue at the time.

The DOJ filed the information on October 5 of this year and asked Judge Trevor McFadden to keep it under seal to protect an ongoing criminal investigation. McFadden granted that request the same day. Four days later, on October 9, Comey's attorneys filed a motion to dismiss, arguing that the 10-year statute of limitations for a grand jury indictment had expired regarding events from 2016.

Comey's lawyers accused the department of filing a faulty document under seal to pause the statute of limitations. They maintained that the department is attempting to revive a case that prior officials had decided not to pursue. The new charges arrive as Comey faces other legal battles, including an indictment in North Carolina.

In that separate case, Comey was charged in late April with threatening President Donald Trump's life by posting a photo of seashells arranged to form the numbers 86 47 on Instagram. Prosecutors claim the number 86 is code for eliminating a target, a reference to Trump as the 47th president. Comey is currently seeking dismissal of that indictment.

The former director was first indicted in September 2025 in Virginia on charges of making a false statement and obstruction related to his 2020 Senate testimony. That case was dismissed on November 24, 2025, after a judge ruled the interim U.S. attorney who obtained the indictment had been invalidly appointed. The same judge also dismissed an unrelated indictment against New York Attorney General Letitia James on that date.

The latest development came hours after a federal judge in New York ruled that the DOJ unlawfully fired Comey's daughter, Maurene Comey, as an assistant U.S. attorney last year. Patrick Fitzgerald, Comey's attorney, stated that the department has attempted to charge his client for the third time in little more than a year, while Comey maintains his innocence.

Comey addressed the new case in a video message on Substack, describing the move as an abuse of the department. He stated that he remains not afraid of his accusers and believes in the independent federal judiciary. He noted that the next few years will be difficult but emphasized the importance of maintaining faith in American institutions.