27th October 2026 – (Washington) Federal prosecutors have moved to charge former Federal Bureau of Investigation Director James Comey with leaking national defence information, according to a newly filed criminal information that outlines two counts with limited detail. Comey’s legal team said the allegations centre on an October 2016 disclosure to the New York Times, when he was leading the Bureau, and confirmed they have asked the court to dismiss the case.
Comey denied any wrongdoing in a video message posted on Monday, describing the move as an “appalling abuse” and insisting that nothing had changed about his position or his confidence in the independence of the federal judiciary. The case has been brought by criminal information rather than indictment, meaning prosecutors filed the charges directly without first seeking approval from a grand jury.
Patrick Fitzgerald, counsel to Comey, said the government twice examined the same alleged disclosure during the first Donald Trump administration, with separate prosecutorial teams, and decided on both occasions not to bring charges against any party. He characterised the new filing as purporting to accuse his client of crimes he did not commit, and reiterated that Comey will contest the case in full.
Early legal commentary questioned whether the prosecution could survive procedural challenges. Former federal prosecutor Glenn Kirschner noted that the alleged conduct may fall outside a ten‑year statute of limitations, arguing the defence motion to dismiss has a strong chance. Jessica Levinson, a law professor at Loyola University in Los Angeles, said the details remain sparse because the filing is under seal, but observed that authorities under President Trump have pursued a range of political adversaries with mixed outcomes.
The latest action follows two earlier attempts to prosecute Comey that did not result in convictions. He was indicted in September 2025 over allegations of lying to Congress and obstructing a congressional proceeding; he pleaded not guilty and the case was dismissed in November. In April 2026, he surrendered to face charges arising from a 2025 Instagram post that displayed seashells arranged as “86 47”, which prosecutors said could be read as incitement against Trump, the 47th president. Comey has denied intent or knowledge of the phrase’s meaning, calling that prosecution politically motivated; that matter remains pending.
The development coincided with a separate court ruling in favour of Maurene Comey, the former FBI director’s daughter and a former federal prosecutor in New York, who argued she was unlawfully dismissed in July 2025 because of her father and perceived political affiliations. A judge ordered that she be reinstated and receive back pay, a decision that underscored the charged legal and political backdrop to the new case against her father.
