James Comey charged a third time, accused of leaking defence secrets in 2016
The Justice Department has charged former FBI director James Comey with disclosing national defence information through a 2016 press briefing. Comey says he is innocent and argues the case is time-barred.
At a glance
- Former FBI director James Comey has been charged in Washington with knowingly communicating national defence information to an unauthorised person and with conspiring to do so.
- Prosecutors say that on October 5, 2016, Comey had an FBI staff member brief a newspaper reporter to correct a story about email surveillance, passing on classified information.
- The charges were filed under seal on October 5, 2026, as a 'criminal information' rather than a grand jury indictment, and were unsealed on Monday, October 26, at Comey's request.
- Comey's lawyers say the five-year statute of limitations ran out long ago and have asked for the case to be dismissed; the department says filing within 10 years keeps the case alive.
- It is the third criminal case against Comey: a 2025 false-statements case was dismissed, and a 2026 case over a social media post is still pending.
The US Justice Department has charged former FBI director James Comey for a third time, accusing him of disclosing national defence information to the press in 2016. The charges, unsealed in Washington on Monday, October 26, 2026, allege that Comey had an FBI staff member brief a newspaper reporter with classified details while trying to correct a story about government email surveillance. Comey says he is innocent and is asking a judge to throw the case out.
What Comey is charged with
Prosecutors filed the case on October 5, 2026 — exactly ten years after the alleged leak — and kept it sealed until Judge Trevor McFadden granted Comey's request to make it public. Prosecutors did not oppose unsealing.
The case was brought as a criminal information, a charging document filed by prosecutors, rather than an indictment voted by a grand jury. The department said it filed a "waiverless criminal information to toll the statute of limitations", meaning it was trying to stop the legal clock from running out.
| Detail | What the filing says |
|---|---|
| Charge 1 | Knowingly communicating national defence information to a person not entitled to receive it |
| Charge 2 | Conspiring with others to commit that offence |
| Date of alleged conduct | October 5, 2016 |
| Alleged method | Comey, through one or more co-conspirators, directed "Individual #1" to speak to a reporter |
| Filed | October 5, 2026, under seal |
| Unsealed | October 26, 2026 |
| Court | Federal court in Washington, D.C. |
| Plea | None entered yet |
According to the filing, a wire agency had reported in early October 2016 that Yahoo had secretly built software to scan its customers' emails for US intelligence. Prosecutors say Comey, then FBI director, believed parts of that report were wrong and directed FBI staff to speak to a reporter at a national newspaper, which published a different account the next day saying the company had adapted a spam filter. Prosecutors say this "illegally transferred classified information". The filing does not name the staff member, the reporter or the other alleged co-conspirators, or describe exactly what secret information was shared.
The statute of limitations fight
The biggest question is whether the case can go ahead at all. The normal limit for this kind of offence is five years, which would have expired in 2021. The department says federal law gives it extra time when a charge is filed within ten years and that this covers both indictments and criminal informations — an argument its lawyers called "a syllogism".
Comey's lawyers say the extended rule applies only to grand jury indictments, that an appeals court in Washington has never approved this tolling method, and that two earlier prosecutors had already declined to bring these charges. They have filed a motion to dismiss.
Background: Comey's earlier cases
Comey led the FBI from 2013 until President Donald Trump fired him in May 2017, and he has been one of Trump's most prominent critics since.
| Case | Year filed | Charge | Status |
|---|---|---|---|
| False statements | 2025 | Lying to Congress and obstruction | Dismissed |
| Social media post | April 2026 | Threatening the president over a photo of seashells spelling "8647" | Pending; Comey seeks dismissal as vindictive |
| National defence information | October 2026 | Disclosing and conspiring to disclose defence information | Newly unsealed |
The new case was made public only hours after a federal judge in New York ruled that the Justice Department had unlawfully fired Comey's daughter, former prosecutor Maurene Comey, in 2025 and ordered her reinstatement.
Reactions
Comey said: "I'm still innocent, I'm still not afraid of these people." In the seashell case his lawyers have argued that the prosecutions reflect "a yearslong campaign by the President" to punish him for his speech.
The Justice Department said: "This is an ongoing criminal investigation, and we will not comment further." Trump's supporters have long accused Comey of mishandling sensitive information while in office; his allies say the department is being used to settle political scores.
Why it matters
The case tests how far prosecutors can stretch time limits to revive decade-old allegations, a ruling that could affect other cases well beyond Comey's. It also adds to a run of prosecutions of Trump critics that legal experts are watching closely a week before the November 3 midterm elections, as courts are asked to decide whether charges are lawful or retaliatory.
What happens next
Comey is expected to be arraigned and enter a plea in Washington. Judge McFadden will first have to rule on the motion to dismiss, starting with the statute of limitations question. Because the case was filed as an information, prosecutors may also try to obtain a grand jury indictment. The separate seashell case continues, with a ruling on Comey's vindictive-prosecution argument still pending.
Questions people are asking
What is James Comey charged with now?
He is charged with knowingly communicating national defence information to a person not entitled to receive it and with conspiring to do so, over a press briefing that prosecutors say FBI staff gave a newspaper reporter on his instructions on October 5, 2016.
How many times has James Comey been charged?
Three times. A 2025 indictment for allegedly lying to Congress was dismissed, a 2026 indictment over an Instagram post of seashells spelling '8647' is still pending, and this new national defence case was unsealed on October 26, 2026.
Is the case against Comey too old to prosecute?
That is the central legal fight. Comey's lawyers say the five-year limit expired in 2021; prosecutors argue that filing a criminal information within 10 years suspends the deadline, a question a federal judge must now decide.
