The Justice Department has filed its third set of charges against former FBI Director James Comey, alleging he leaked sensitive national defense information in 2016. The charges, brought under the Espionage Act, are for knowingly transmitting classified information to an unauthorized individual and conspiring to do so.
New Charges Filed Under Espionage Act
The U.S. Department of Justice has filed new charges against former FBI Director James Comey, alleging he leaked sensitive national defense information to a reporter in October 2016. The charges, filed under the Espionage Act, mark the third federal case brought against Comey. A criminal information document, unsealed in U.S. District Court in Washington, D.C., on October 26, accuses Comey of knowingly transmitting national defense information to an unauthorized individual and conspiring to do so. The allegations stem from actions taken while Comey led the FBI, according to court records. Comey has not been indicted but has filed a motion to dismiss the charges.
Key Developments and Allegations
The Justice Department alleges Comey directed staff to disclose classified information to The New York Times reporter Charlie Savage regarding a Reuters article published on October 4, 2016. The DOJ claims this was done to correct perceived inaccuracies in the press. Comey’s legal team has already petitioned for dismissal, arguing the case violates the statute of limitations and lacks merit. The charges were filed hours after a federal judge ruled that the Trump administration unlawfully terminated Comey’s daughter, Maurene Comey, from her position as an assistant U.S. attorney in New York.
Legal Context and Comey's Response
The DOJ has stated that filing a criminal information is a standard practice to toll the statute of limitations, which would otherwise expire. A department spokesperson confirmed the action but declined further comment, citing an ongoing investigation. Comey, in a video statement posted to Substack and Instagram, called the charges an "appalling abuse of the Department of Justice" and reaffirmed his innocence. His attorney, Patrick Fitzgerald, stated that prosecutors had previously reviewed the matter during the first Trump administration and found no basis for charges.
Background on Prior Cases
This is the third federal case against Comey in recent years. Previous indictments included false statements to Congress in 2025 (later dismissed) and an Instagram post alleging a threat to then-President Trump (for which Comey pleaded guilty). The new charges relate to events from 2016, when Comey oversaw the FBI’s investigation into Russian interference. The allegations center on a Yahoo News article published on October 5, 2016, which cited anonymous government officials discussing U.S. surveillance practices. The DOJ claims Comey sought to influence media coverage by directing staff to speak with Savage about the accuracy of a Reuters report published the day prior.
Judge's Ruling on Maurene Comey
In a separate development, U.S. District Judge Jesse M. Furman ruled that Maurene Comey’s dismissal from her role as an assistant U.S. attorney in New York was unlawful. The judge ordered her reinstatement with back pay, citing violations of her First Amendment rights. Maurene Comey had previously handled high-profile cases, including prosecutions against Jeffrey Epstein associate Ghislaine Maxwell and Sean "Diddy" Combs.
The Justice Department has not responded to requests for comment on the latest charges against James Comey.