
Federal prosecutors filed a new criminal charge against James Comey, accusing the former FBI director of secretly orchestrating a leak of national defense secrets to a reporter a decade ago.
Quick Take
- A criminal information filed October 5, 2026, charges Comey with transmitting national defense information and conspiring to transmit it.
- The filing claims Comey directed someone else to hand classified information to a reporter at a national news outlet.
- Prosecutors tie the alleged conduct to October 2016, around the time of a New York Times report, while Comey led the FBI.
- Comey denies wrongdoing, and his attorney calls the charges meritless and already investigated once before.
- This is the third criminal case brought against Comey since President Trump returned to office.
A New Charge Rooted In A Decade-Old Leak
The Justice Department filed the charging document in federal court in Washington, D.C., on October 5, 2026. It accuses Comey of transmitting national defense information and conspiring with others to transmit it, two separate federal counts tied to the same alleged scheme.
The filing does not describe a vague pattern of behavior. It points to specific dates, October 4 and 5, 2016, when Comey still ran the Federal Bureau of Investigation (FBI) and the alleged leak is said to have taken place.
What The Charging Document Actually Says
Prosecutors allege Comey did not leak the information himself. Instead, the document claims he worked “through one or more co-conspirators” and directed an unnamed individual to disclose national defense information to a reporter at a national news publication.
Comey’s own court filing seeking dismissal reportedly connects the allegation to a New York Times story published October 5, 2016. His legal team argues the same conduct was already reviewed and cleared by prosecutors during President Trump’s first term.
Court papers do not name the reporter, the publication, or the intermediary who allegedly carried the information. That leaves the specific chain of events described only in broad legal language rather than detailed facts available to the public right now.
Comey Fires Back With A Public Denial
Comey responded directly instead of staying quiet. In a video posted to social media, he said, “They’re back again,” adding, “I’m still innocent. I’m still not afraid of these people, and I still believe in the independent federal judiciary.”
His attorney, Patrick Fitzgerald, said the new filing “purports to charge Mr. Comey with crimes that he did not commit.” Fitzgerald also said prosecutors during the first Trump administration already investigated this same alleged leak and chose not to bring charges against anyone.
A Legal Tool With A Long And Contested History
The charges rely on the Espionage Act, a World War One-era law that does not actually mention classified information by name. Instead, it bans knowingly transmitting “national defense information” with the intent or understanding that it could harm the country.
That distinction matters. A document can be officially classified and still not meet the legal bar prosecutors must clear, meaning this case will likely hinge on whether the specific material Comey allegedly handled qualifies under that narrower legal definition.
These prosecutions are not new to Washington. Reuters previously counted a dozen Espionage Act leak cases filed against government insiders through 2017, with eight of them brought during the Obama administration alone.
Timing And Repetition Raise The Stakes
The filing landed just before the ten-year anniversary of the alleged 2016 conduct, a timing detail that matters because federal law generally limits how long prosecutors have to bring charges after an alleged crime occurs.
DOJ Charges James Comey Third Time Over 2016 Leak Allegation
Federal prosecutors unsealed a criminal information Monday charging former FBI Director James Comey with transmitting and conspiring to transmit national defense information.
The two counts stem from an alleged… pic.twitter.com/a6BRbvyyDg
— American Voice Rising (@amvoicerising) October 27, 2026
This also is not Comey’s first encounter with the Trump Justice Department. He has separately faced proceedings involving alleged false statements to Congress and an alleged threat-related social media post, making this the third criminal matter tied to his name in recent years.
Supporters of the prosecution see a long-overdue reckoning for a former top law enforcement official accused of leaking sensitive government information to the press. Critics see a politically loaded case against a prominent Trump critic, timed near a legal deadline. Both reactions will keep shaping how this case is covered as it heads toward trial.
Sources:
cbsnews.com, upi.com, rmb.reuters.com, axios.com, staradvertiser.com, afp.com, news.bloomberglaw.com, yahoo.com, congress.gov








