The Justice Department filed new criminal charges against former FBI Director James Comey on Monday, the third time the department has moved to prosecute him since a federal grand jury first indicted him last year, escalating a legal fight that has become a defining feature of the Trump administration's second term.
Comey was charged in Washington, DC, through what is known as a criminal information — a charging document filed directly by a prosecutor rather than a grand jury indictment. Few details were given about the two counts in the three-page filing, but Comey's lawyers said in separate court papers that the case stems from an alleged disclosure of classified information to the New York Times in October 2016, during his tenure as FBI director.
"An appalling abuse"
Comey denied any wrongdoing in a video posted to Substack. "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. "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."
His attorney, Patrick Fitzgerald, said two separate teams of prosecutors investigated the same alleged 2016 disclosure during the first Trump administration and both times concluded no charges should be brought. "Both times the Government determined that no charges should be brought against anyone," Fitzgerald said, adding that the new filing "purports to charge Mr Comey with crimes that he did not commit." Comey's legal team has filed a motion to dismiss.
A revenge narrative, or a real case?
Former federal prosecutor Glenn Kirschner told the BBC the case may have already exceeded the 10-year statute of limitations, giving the dismissal motion "a very good chance of being granted," and described the prosecution as a "revenge-fuelled attempt by Donald Trump to have his Department of Justice find something that might stick."
Comey was fired by Trump during his first term after opening an investigation into Russian interference in the 2016 election, and Trump has called for his prosecution ever since. Comey was first indicted by a grand jury in September 2025 on charges of lying to Congress and obstructing a congressional proceeding; he pleaded not guilty before that case was dismissed in November. Monday's filing marks the administration's third attempt to bring charges, and sets up another lengthy court fight over whether the case can proceed at all.
