Justice Department files third case against Comey over 2016 leak

The Justice Department has filed criminal charges against former FBI Director James Comey for the third time. The new case centers on a 2016 leak of sensitive government information to the New York Times. Court documents state the incident occurred on October 5, 2016, when Comey was still serving as FBI director.

Comey faces two counts in this latest matter. One count alleges he disclosed sensitive information, while the second alleges a conspiracy to do so. Prosecutors claim Comey directed FBI staff to speak with a Times reporter. That interaction, according to the government, resulted in the illegal release of details regarding U.S. email surveillance.

The legal battle over this case has been ongoing for three weeks. The Justice Department filed the charges on October 5, 2026, behind closed doors. The case was unsealed to the public on the afternoon of October 26, 2026. Comey's attorneys argue that the 10-year statute of limitations expired on the day the charges were filed.

To file the case, prosecutors used a criminal information rather than a grand jury indictment. Comey's legal team has filed a motion to dismiss. They argue that because the government used an information, the legal window to bring charges had already closed. The government disputes this interpretation. A court ruling on the motion is pending.

Comey's attorneys note that this specific incident was investigated twice before. Two separate U.S. attorneys reviewed the matter and both declined to prosecute. Now, the Justice Department in the second Trump administration is pursuing the case. Comey's team describes the current legal maneuver to meet the deadline as unusual.

Comey issued a statement on Instagram in response to the unsealing. He said, "Well, they're back. Again. 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 added, "Nothing's changed with me. I'm still innocent. I'm still not afraid of these people. And I still believe in the independent federal judiciary."

This is the third criminal case brought against Comey by the Trump Justice Department. The first case involved alleged false statements and obstruction of justice related to congressional testimony. A court tossed out that case. The second case involves alleged threats against President Trump tied to a photo of seashells Comey posted online. Comey is currently challenging that case as well.

In the second case, Comey argues he is being prosecuted selectively and vindictively because of his criticism of the President. The new filing adds to the list of legal conflicts between the former FBI director and the current administration. The court has not yet ruled on the motion to dismiss the third case.