DOJ Files New Charges Against Former FBI Director James Comey for National Defense Leak

What Happened

On Monday, October 26, 2026, sealed court documents were unsealed, revealing that former FBI Director James Comey faces two new criminal charges filed by the Justice Department. These charges, originally filed on October 5, allege that Comey unlawfully communicated national defense information to an unauthorized person in 2016 and conspired with others to disclose it. Specifically, prosecutors accuse Comey of directing FBI colleagues to leak sensitive information to a reporter for a national news publication, later identified as Charlie Savage of The New York Times, concerning a Yahoo email scanning operation. Comey, who served as FBI Director from 2013 until his dismissal by President Donald Trump in 2017, immediately denied any wrongdoing. In an Instagram post on Monday, Comey stated, "Nothing's changed with me. I'm still innocent. I'm not afraid of these people. And I still believe in the independent federal judiciary," characterizing the DOJ's action as an "appalling abuse." His legal team, led by Pat Fitzgerald, has challenged the filing, arguing that prosecutors cannot proceed without a grand jury indictment.

The Justice Department confirmed the filing of a "waiverless criminal information" to toll the statute of limitations, a practice they described as "widely recognized" and approved by multiple Circuit Courts of Appeals. This action preserves the allegations while an investigation remains ongoing. U.S. District Judge Trevor McFadden, a 2017 Trump appointee, held an emergency, closed-door hearing on October 9 after Comey’s attorneys moved to dismiss the case and unseal the proceedings. Judge McFadden granted the request to unseal the case but has not yet ruled on Comey's motion to dismiss. This marks the third attempt by the Justice Department under President Trump's second term to prosecute Comey, following a dismissed case for allegedly lying to Congress and an ongoing case related to a social media post.

What the Evidence Establishes

The Justice Department's filing of a criminal information on October 5, 2026, formally alleges that James Comey, on or about October 5, 2016, knowingly and willfully communicated national defense information to an unauthorized individual. The filing further alleges that Comey conspired with others to unlawfully disclose this information. According to court documents, prosecutors claim Comey "through one or more co-conspirators directed Individual #1 to disclose national defence information to a reporter for a national news publication." This reporter has been identified as Charlie Savage of The New York Times, and the information reportedly pertained to a Yahoo email platform operation where the company was ordered to scan traffic for a specific computer signature linked to a "terrorist" organization.

The DOJ spokesperson explicitly stated that the criminal information was filed "to toll the statute of limitations as it relates to allegations concerning former FBI Director Comey." This procedural step prevents the expiration of the legal timeframe for prosecution while the criminal investigation continues. The department maintains that this is a standard practice in federal court. While Comey's legal team, led by Pat Fitzgerald, asserts that the government had previously investigated similar matters twice without bringing charges, the current filing represents a formal legal action by the Justice Department. The case is currently under the purview of U.S. District Judge Trevor McFadden, who has unsealed the documents but has not yet ruled on the merits of Comey's motion to dismiss the charges.

Where the Accounts Conflict

A primary conflict exists between the Justice Department's allegations and James Comey's steadfast denial of any wrongdoing. Prosecutors allege Comey willfully communicated national defense information and conspired to disclose it, specifically directing staff to leak details about a Yahoo email scanning order to a reporter. Comey, however, maintains his innocence, stating, "Nothing's changed with me. I'm still innocent." He has publicly characterized the DOJ's actions as an "appalling abuse of the Department of Justice" and a "campaign of political retribution" by the Trump administration.

Another significant conflict centers on the legal procedure employed by the Justice Department. Prosecutors filed a "criminal information" rather than seeking an indictment from a federal grand jury. Comey's defense lawyer, Pat Fitzgerald, strongly disputes this approach, claiming that the government "had already investigated the matter twice before" and determined no charges should be brought. Fitzgerald argues that an information "was not approved by a judge nor issued by a grand jury" and "purports to charge Mr. Comey with crimes that he did not commit." The DOJ, conversely, defends the use of a criminal information to toll the statute of limitations as a "widely recognized practice" approved by appellate courts. This procedural disagreement forms a key battleground in the ongoing legal proceedings, with Comey's attorneys actively seeking to dismiss the case on these grounds.

Context and Stakes

The latest charges against James Comey unfold within a highly politicized context marked by a long-standing adversarial relationship between Comey and President Donald Trump. Trump fired Comey from his role as FBI Director in May 2017, during Comey's investigation into potential collusion between Russia and Trump's 2016 presidential campaign, a probe Trump has consistently labeled a "hoax." Since Trump's second inauguration in January 2025, his administration has pursued legal actions against several perceived critics, with Comey being a prominent target. Trump publicly urged then-Attorney General Pam Bondi in September 2025 to investigate Comey and others, writing on social media, "What about Comey, Adam 'Shifty' Schiff, Leticia??? They're all guilty as hell, but nothing is going to be done."

This is the third set of criminal charges the Trump administration has brought against Comey. A previous indictment in September 2025 for allegedly lying to Congress and obstructing a legislative proceeding was dismissed due to the unlawful appointment of the prosecutor. A second indictment in April 2026, accusing Comey of threatening the president with a social media post featuring seashells arranged to form "86 47" (interpreted by the administration as implying violence), remains ongoing. The timing of these new charges also coincides with a federal judge's ruling earlier on Monday that Comey's daughter, Maurene Comey, was unlawfully fired from her position as an assistant U.S. attorney in 2025, a termination she maintained was retaliation against her father. These repeated legal actions against Comey raise significant questions about the independence of the Justice Department and the potential for political weaponization of federal law enforcement, with Comey himself asserting that the "next couple years are going to be hard for all of us" and emphasizing the importance of faith in an independent judiciary.

What to Watch Next

The immediate focus will be on U.S. District Judge Trevor McFadden's decision regarding James Comey's motion to dismiss the charges. Judge McFadden, who unsealed the documents, has not yet ruled on the merits of the dismissal request, which centers on the procedural validity of filing a criminal information without a grand jury indictment. A ruling in Comey's favor could significantly impede the prosecution's ability to proceed with the current charges. Conversely, a denial would allow the case to move forward, likely prompting the Justice Department to consider whether to seek a formal indictment from a federal grand jury, a step they have not yet taken.

Beyond Judge McFadden's ruling, observers will monitor whether federal prosecutors will indeed seek a grand jury indictment against Comey. While the criminal information tolls the statute of limitations, an indictment is typically required for a felony prosecution to proceed to trial. The outcome of the ongoing "86 47" case, which accuses Comey of threatening the president via a social media post, will also be relevant, as it represents another active legal front for the former FBI Director. Comey's legal team has indicated they will "stand up in court and fight the latest and whatever comes after this," suggesting a protracted legal battle is likely. Any further public statements from Comey or the Justice Department regarding the procedural aspects or the substance of the allegations will also be closely scrutinized for indications of the case's trajectory.

Bottom Line

Former FBI Director James Comey is now facing a third set of criminal charges under the Trump administration, specifically two counts related to the alleged unlawful disclosure of national defense information in 2016. The Justice Department filed a criminal information on October 5, 2026, to toll the statute of limitations, accusing Comey of directing a leak to a reporter concerning a sensitive Yahoo email scanning operation. Comey vehemently denies the allegations, labeling them an "appalling abuse" and a politically motivated campaign. His legal team is challenging the procedural validity of the charges, arguing that a grand jury indictment is necessary.

The case is currently before U.S. District Judge Trevor McFadden, who has unsealed the documents but has yet to rule on Comey's motion to dismiss. This legal development is set against a backdrop of a long-standing feud between Comey and President Trump, who fired Comey in 2017 and has repeatedly called for his prosecution. The outcome of Judge McFadden's decision and whether prosecutors pursue a grand jury indictment will determine the immediate future of these charges, adding another chapter to the contentious legal battles involving the former FBI chief.