Charges concern an alleged 2016 disclosure to The New York Times
A federal criminal information filed in Washington, D.C., charges former FBI Director James Comey, a longtime critic of President Donald Trump, with two counts involving the alleged leaking of national defense information. The Justice Department’s action marks the third time it has brought criminal charges against Comey.
The three-page filing provides few details about the two counts. A criminal information is a formal written charging document filed directly by a prosecutor. A criminal indictment, by contrast, must be approved by a grand jury, a group of citizens sworn to review whether evidence is strong enough to prosecute.
In separate court papers, Comey’s lawyers said the case stems from an alleged disclosure of classified information to The New York Times in October 2016, while he was the FBI director. Patrick Fitzgerald, Comey’s lawyer, said the court filing “purports to charge Mr Comey with crimes that he did not commit.”
Fitzgerald said two different teams of prosecutors investigated the alleged disclosure a decade ago during the first Trump administration. “Both times the Government determined that no charges should be brought against anyone,” he said.
Comey denied wrongdoing in a video posted on Substack on Monday. “It would almost be funny if it weren’t such an appalling abuse of the department of justice, one that we cannot become numb to,” he said. He added: “Nothing’s changed with me - I’m still innocent, I’m still not afraid of these people and I still believe the independent federal judiciary.”
Trump fired Comey during his first term after the former FBI director opened an investigation into claims of Russian meddling in the 2016 presidential election. Trump has repeatedly called for Comey’s prosecution, and the new charges are the administration’s third attempt to prosecute him.
The first of those earlier cases began in September 2025, when a federal grand jury indicted Comey on charges alleging that he lied to Congress during testimony and obstructed a congressional proceeding. Comey pleaded not guilty the following month. The case was dismissed in November.
In April 2026, Comey surrendered to authorities to face separate charges alleging that an image he briefly shared on social media posed a threat to Trump’s life. The case arose from a 2025 Instagram post containing a photograph of seashells arranged to read “86 47.” Prosecutors alleged that “86” is slang for “get rid of” and that the post encouraged violence against Trump, the 47th president. Comey denied wrongdoing, said he did not know what the numbers meant and accused prosecutors of political motivation. That case remains ongoing.
The three cases are distinct in their allegations: the first concerned alleged lying to Congress and obstruction, the second an alleged threat communicated through social media, and the new filing an alleged 2016 disclosure to The New York Times. Their procedural status also differs: the first was dismissed, the second remains ongoing, and the disclosure case has now been charged.