James Comey Hit With Fresh Charges as Ex-FBI Chief Blasts 'Appalling Abuse' by Trump DOJ

Former FBI director James Comey is facing fresh criminal charges in Washington over allegations he unlawfully disclosed national defence information in 2016, marking the third case brought against him in just over a year, according to court documents unsealed on Monday.

Prosecutors allege that Mr Comey, while still running the bureau in October 2016, directed staff to speak to a New York Times reporter and in doing so illegally transferred classified material. He denies any wrongdoing.

In a video posted on Substack, he described the latest move as an 'appalling abuse' of prosecutorial power. '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,' he said.

What the Charges Allege

The two-count criminal information, filed on 5 October in the US District Court for the District of Columbia, accuses Mr Comey of knowingly communicating national defence information to a person not entitled to receive it, and of conspiring with others to do so.

The document states that he, 'through one or more co-conspirators', directed an unnamed individual to disclose such information to a reporter.

The case centres on a New York Times article published on 5 October 2016. It reported that a secret order from the Foreign Intelligence Surveillance Court required Yahoo to scan emails for potential terrorist communications, citing anonymous officials.

Prosecutors say Mr Comey sought to 'correct misinformation' that had appeared in a Reuters report published the previous day.

The Limitations Dispute

An information is a charging document filed directly by prosecutors without a grand jury indictment. That distinction is now at the heart of the legal fight.

The Department of Justice said it filed a 'waiverless criminal information' under seal exactly ten years after the article appeared, arguing that this halted the statute of limitations while the investigation continues.

A spokesperson said the practice was 'widely recognised' and had been approved by multiple federal appeals courts. The department declined further comment, citing the ongoing investigation.

Mr Comey's lawyers, led by Patrick Fitzgerald, filed a motion to dismiss on 9 October. They argue the ten-year limit applies only to a grand jury indictment and that a prosecutor-signed information does not meet that requirement. They also contend the appeals court covering Washington has not endorsed extending the deadline in this way.

The defence says the alleged disclosure was investigated twice before. According to Mr Comey's lawyers, John Durham, the prosecutor who later examined the FBI's Russia inquiry, wrote a classified memo in December 2018 recommending that no one be charged.

'Both times the Government determined that no charges should be brought against anyone,' Mr Fitzgerald said, adding that the new filing 'purports to charge Mr Comey with crimes that he did not commit'.

A Third Case in Just Over a Year

Mr Comey was first indicted in September 2025 on charges of lying to Congress and obstructing a congressional proceeding, relating to his 2020 Senate testimony. He pleaded not guilty and the case was dismissed in November after a judge ruled the prosecutor had been improperly appointed.

In April, he was charged again, accused of threatening the president over a 2025 Instagram post showing seashells arranged to spell '86 47'. He says he did not understand the numbers and that the prosecution is politically motivated. That case is pending.

Mr Comey and Donald Trump have been in conflict since the president dismissed him in May 2017, while the FBI was investigating links between Russia and Mr Trump's 2016 campaign.