Former FBI Director James Comey Charged in Third Federal Case
The DOJ alleges Comey shared classified national defense information with a New York Times reporter in 2016, a charge his lawyers say is time-barred.
By Amelia Gupta ·
Former FBI Director James Comey faces a third set of federal charges in less than a year, according to court documents unsealed in Washington, D.C., on Monday. The U.S. Department of Justice accuses Comey of knowingly sharing national defense information with a person who did not have clearance to receive it. The charging document, filed in October, also alleges he conspired with others to violate the same law.
The information filed by the DOJ states that Comey directed an unnamed co-conspirator to disclose classified details to a reporter for a national news outlet. His legal team argues the case should be dismissed because the alleged disclosure occurred on Oct. 5, 2016, and the ten-year statute of limitations has expired. They note that two different U.S. Attorneys investigated the matter over the past decade and both declined to prosecute.
Comey’s attorneys accused the DOJ of filing a faulty information under seal to pause the statute of limitations clock. The DOJ had filed the charges on Oct. 5 and requested the seal to protect an ongoing criminal investigation. Judge Trevor McFadden granted the seal that day. On Oct. 9, Comey’s lawyers moved to dismiss the case, arguing the time limit had passed. On Monday, the attorneys asked the judge to unseal the document, and McFadden agreed.
Patrick Fitzgerald, Comey’s attorney, stated that the department has attempted to charge his client for the third time in slightly more than a year. Fitzgerald said Comey maintains his innocence. The new case follows two other recent legal battles. In North Carolina, Comey is fighting an indictment alleging he threatened President Donald Trump’s life by posting a photo of seashells arranged to look like the numbers 86 47 on social media. Prosecutors claim the number 86 is code for removing a menu item, implying Trump should be killed.
Comey was previously indicted in Virginia in September 2025 for making false statements and obstruction regarding his 2020 Senate testimony on Hillary Clinton’s emails. A judge dismissed that case in November 2025, ruling that the interim U.S. Attorney who obtained the indictment was invalidly appointed. That same judge also dismissed an unrelated indictment against New York Attorney General Letitia James on the same appointment grounds.
The unsealing of the new charges came hours after a federal judge in New York ruled that the DOJ unlawfully fired Comey’s daughter, Maurene Comey, last year from her position as an assistant U.S. attorney. In a video message on Substack, Comey described the new case as an appalling abuse of the department. He said he remains not afraid of the government and believes in the independent federal judiciary. He added that the coming years will be difficult but urged supporters to keep faith in America.
Comey was fired as FBI director by President Trump in 2017. The two men have been vocal critics of one another since that time. The current case marks the latest chapter in a series of legal disputes between the former director and the Trump administration’s Department of Justice.
