Federal prosecutors file third criminal case against former FBI Director James Comey

Former FBI Director James Comey faces a new federal criminal case as prosecutors filed a third set of charges against him on Monday. The government accuses him of transmitting information related to national defense and conspiring to do so. This latest filing marks the third distinct criminal matter brought against Comey during President Donald Trump's second term. The case had been sealed in court records since October 5.

The charges center on a specific incident from October 5, 2016. On that date, The New York Times published an article by Charlie Savage titled "Yahoo helped US surveillance of emails by tweaking its spam filter." The piece reported on how the technology company adapted its systems to aid federal email monitoring. According to the government, Comey sought to correct errors in a related Reuters report from the previous day. Deputy Assistant Special Counsel Dustin Farahnak stated that Comey instructed staff to contact Savage regarding the accuracy of the Reuters story. Farahnak wrote that this contact resulted in the illegal transmission of classified information.

Comey’s legal team challenged the timing of the prosecution. Attorney Patrick Fitzgerald filed a motion ten days ago to dismiss the charges. Fitzgerald argued that the case has expired because the government waited exactly ten years to act. The statute of limitations for the alleged offenses is ten years. Fitzgerald contended that the government failed to secure a formal indictment from a grand jury within that window. Instead, prosecutors filed a charging document directly, a move Fitzgerald labeled a misinterpretation of the law. The prosecution maintains that the charges were filed within the legal timeframe and that the defense is reading the statutes incorrectly.

In a video released Monday on the platform Substack, Comey addressed the news. "Well, they are back at it again," Comey said. He described the move as a gross abuse of the Department of Justice. Comey stated that nothing has changed regarding his status. "I am still innocent," he said. He added that he is not afraid of the officials involved and continues to believe in the independence of the federal judiciary. Comey’s defense team emphasized that he has maintained his innocence throughout all proceedings.

This legal battle follows two previous cases against Comey. The first case was dismissed by a judge. Fitzgerald noted that the Department of Justice used a person who was not actually a U.S. attorney to seek a formal indictment in that instance. The judge also found that Comey was charged with crimes he did not commit. The second case arose on April 28, 2026, in North Carolina. Prosecutors there accused Comey of threatening Trump by publishing a photo of seashells arranged to form the number 8647. Comey has also maintained his innocence in that matter. Fitzgerald said the DOJ will not comment further on the North Carolina case beyond what is in its court filings.

Fitzgerald pointed out that two separate teams of prosecutors investigated the 2016 article during Trump's first administration. In both instances, the government determined that no one should be charged. Now, a decade later, the government has filed charges that were not approved by a judge or issued by a grand jury. Fitzgerald said Comey will fight these charges firmly and publicly. Trump fired Comey as FBI Director in May 2017 after the investigation into Russian interference in the 2016 election began. Since then, Trump has repeatedly called for Comey's prosecution, labeling him a corrupt police officer and a sick person.

The unsealing of the current case occurred on Monday. The charging document details the government's theory that Comey's instructions to his staff led to the disclosure of specific concerns about the Reuters article. The defense motion highlights the exact ten-year gap between the 2016 incident and the 2026 filing. Fitzgerald stated that the government is attempting to charge Comey with crimes he has not committed. The case remains active in federal court as the judge reviews the motion to dismiss. No trial date has been set for this third case.