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3rd Federal Case Filed Against Ex-FBI Chief Over 2016 Leak

Prosecutors charge James Comey with leaking defense secrets, a move his lawyers say violates the 10-year statute of limitations.

By Marco Ortega ·

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Federal prosecutors filed a criminal information against former FBI Director James Comey on Monday, marking the third time the Justice Department has sought criminal charges against him.

The three-page document details two counts related to leaking national defense information. Prosecutors allege Comey disclosed classified material to The New York Times in October 2016 while serving as the head of the bureau.

Unlike the previous two cases, which required grand jury approval, this charge was brought directly by a prosecutor in Washington, D.C. through a written information. This procedural shift allows the government to bypass a citizen review panel while moving quickly to secure a filing.

Comey’s legal team reacted immediately with a motion to dismiss the case. Attorney Patrick Fitzgerald stated that two separate teams of prosecutors had previously investigated the same 2016 disclosure. Both prior reviews concluded that no charges should be brought against anyone. Fitzgerald argued the new filing purports to charge Comey with crimes he did not commit.

Former federal prosecutor Glenn Kirschner told the BBC that the case likely exceeded the 10-year statute of limitations. He described the motion to dismiss as having a very good chance of being granted. Kirschner characterized the charges as a revenge-fueled attempt by President Donald Trump to have his Justice Department find something that might stick.

Comey, who was fired by Trump during the former president’s first term, denied any wrongdoing in a video posted on Substack on Monday. He called the new charges an appalling abuse of the Justice Department. He stated that nothing has changed with him, that he is still innocent, and that he is not afraid of the people involved.

This is the third federal prosecution against Comey in under a year. The first indictment occurred in September 2025, alleging he lied to Congress and obstructed proceedings. That case was dismissed in November 2025 after he pleaded not guilty. The second case is currently ongoing. It stems from a 2025 Instagram post where Comey shared a photo of seashells arranged to read 86 47. Prosecutors allege the image encouraged violence against Trump. Comey says he did not know what the numbers meant.

The new charges were made public the same day a federal judge ruled that the Justice Department illegally fired Comey’s daughter, Maurene Comey. Maurene Comey lost her position as a federal prosecutor in New York in July 2025. The judge ordered the administration to reinstate her and provide back pay. The ruling followed a lawsuit arguing she was fired because of her father and her perceived political affiliations.

Source: BBC News

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