DOJ Files Third Federal Charge Against Ex-FBI Chief James Comey
The DOJ filed new federal charges accusing James Comey of leaking classified info in 2016.
Why it matters: This case tests federal prosecution limits for former senior officials. Legal professionals should monitor its impact on handling national defense information and prosecutorial procedures.
- On October 5, 2026, DOJ filed a criminal information against Comey for leaking national defense info in 2016, unsealed October 26.
- This marks the third federal case brought against Comey during the Trump administration.
- Charges allege Comey disclosed classified info to a reporter via co-conspirators in October 2016.
- Comey's lawyer says he denies the charges and condemns them as unvetted by grand jury or judge.
On October 26, 2026, the Department of Justice unsealed a criminal information charging former FBI Director James Comey with unauthorized disclosure of national defense information in October 2016. The DOJ filed the charge on October 5, narrowly within the 10-year statute of limitations.
The government alleges Comey revealed classified information to a reporter through intermediaries. Unlike an indictment, the criminal information did not receive prior approval by a grand jury or judge, a procedural point emphasized by Comey’s defense.
Comey’s attorney, Patrick Fitzgerald, said, "Ten years after the article was published, the government filed an 'information' not approved by a judge nor issued by a grand jury. It purports to charge Mr. Comey with crimes he did not commit." Comey called the charges "an appalling abuse of the Department of Justice."
This filing is the third federal action against Comey initiated during the Trump administration, reflecting ongoing scrutiny of his tenure and conduct.
Additionally, on October 26, a federal judge ruled that Maurene Comey, James Comey's daughter and former federal prosecutor, was unlawfully terminated by the Trump DOJ, raising questions about political pressures affecting DOJ personnel decisions.
For legal professionals, this case underscores the complexities in prosecuting former senior officials for classified disclosures, the procedural nuances of charging instruments like criminal informations, and the broader implications for DOJ prosecutorial discretion and independence.
By the numbers:
- October 5, 2026 — DOJ filed the criminal information against Comey
- October 26, 2026 — Charges unsealed and related federal judge ruling on Maurene Comey
- 10 years — Statute of limitations period for the alleged crime
Yes, but: While Comey's lawyer criticizes lack of grand jury or judicial approval, criminal informations are a recognized DOJ charging tool, though less common for serious felonies and attracting legal debate.
What's next: Comey is expected to formally respond to the charges and contest them in court proceedings scheduled for early 2027.