Federal prosecutors have filed charges against ex-FBI Director James Comey for allegedly leaking classified information, marking the third criminal attempt by the Trump administration to prosecute him.
The Justice Department filed charges through a criminal information document in Washington DC, accusing Comey of two counts related to a claimed disclosure of classified material to the New York Times in October 2016, when Comey led the FBI. Comey's legal team says the disclosure allegation dates back a decade, potentially placing the case outside the statute of limitations for prosecution.
In a video posted Monday on Substack, Comey denied wrongdoing, calling the charges an "appalling abuse" of the Justice Department. "I'm still innocent, I'm still not afraid of these people and I still believe in the independent federal judiciary," he said.
Comey's attorney, Patrick Fitzgerald, stated that two separate teams of prosecutors investigated the alleged New York Times disclosure during the first Trump administration and both times determined charges were unwarranted. His legal team has filed a motion to dismiss the current charges.
Former federal prosecutor Glenn Kirschner told the BBC that the statute of limitations issue gives the motion to dismiss "a very good chance of being granted." Kirschner characterized the charges as a "revenge-fuelled attempt by Donald Trump to have his Department of Justice find something that might stick."
This is the Trump administration's third prosecution attempt. In September 2025, Comey was indicted on charges of lying to Congress and obstructing a congressional proceeding. He pleaded not guilty but the case was dismissed in November 2025. In April 2026, Comey faced charges alleging that a social media image he shared threatened Trump's life, stemming from a 2025 Instagram post showing seashells arranged as "86 47." Prosecutors allege the image encourages violence; Comey says he did not know what the numbers meant. That case remains ongoing.
Comey was fired by Trump in 2017 after opening an investigation into Russian interference in the 2016 election. Trump has repeatedly called for his prosecution since then.
The charges came the same day a federal judge ruled the Trump administration illegally fired Comey's daughter, Maurene Comey, a federal prosecutor in New York, in July 2025. The judge ordered her reinstatement with back pay.