On Monday, the U.S. Department of Justice unveiled new criminal charges against former FBI Director James Comey, marking the third federal case he has faced in just over a year since Donald Trump's return to the White House.
According to recently declassified court documents, the indictment alleges two charges: intentional disclosure of national defense information to an unauthorized individual and conspiracy to disseminate such information.
Prosecutors claim that Comey, while at the helm of the FBI in October 2016, directed one or more associates to leak national defense information to a journalist from a national publication.
The indictment was initially filed under seal on October 5 in the District Court of Washington — exactly a decade after the alleged incident — and remained confidential until this Monday, when federal judge Trevor McFadden ordered its release.
Controversial Charges and Defense's Response
The defense links the case to an article published by The New York Times on October 5, 2016, regarding government email surveillance, arguing that Comey acted to correct what he perceived as inaccuracies reported by Reuters the day before.
Comey’s attorney, Patrick Fitzgerald, criticized the proceedings, highlighting the Justice Department's use of an indictment method that bypasses grand jury approval. He noted, "Ten years post-publication, the Justice Department has filed charges against Comey without the sanction of a judge or a grand jury."
Fitzgerald also pointed out that two different prosecutorial teams examined the matter during Trump's first term and both decided against bringing charges.
Legal Battles and Previous Charges
Earlier last week, Comey’s legal team filed a motion to dismiss the charges, arguing the government delayed too long in taking action.
This latest case adds to a series of legal challenges. The first, filed in September 2025 for allegedly lying to Congress and obstructing an investigation, was dismissed in November of that year after a judge ruled the interim prosecutor's appointment was unlawful. The second, initiated in April 2026 in a North Carolina federal court, accuses Comey of threatening the president with an Instagram post featuring seashells arranged in the sequence "86 47," interpreted by prosecutors as a threat against Trump; that case remains unresolved.
Comey, who led the FBI from 2013 until his dismissal by Trump in 2017 amid the probe into Russian interference in the 2016 election, reacted to the new charges by calling it a "scandalous abuse of the Justice Department" and reiterated his innocence in a video posted on Substack.
"This is the third time in just over a year that the Justice Department has attempted to charge him with a federal crime," stated Fitzgerald, who assured that his client will confront the allegations openly: "Mr. Comey will vigorously defend against these charges in a public forum."
Understanding the Legal Proceedings Against Comey
What are the charges against James Comey?
James Comey is charged with intentionally disclosing national defense information to an unauthorized person and conspiring to transmit such information.
How many legal cases has Comey faced recently?
This is the third federal case against Comey in just over a year, including previous charges of lying to Congress and threatening the president.
How has Comey responded to these charges?
Comey has described the charges as a "scandalous abuse" by the Justice Department and has asserted his innocence, promising to fight the charges publicly.