Prosecutors Charge Ex-FBI Chief Comey Over Alleged Classified Leak

Federal prosecutors filed charges against former FBI Director James Comey on Monday over an alleged leak of national defense information.

A three-page court filing lists two counts, with few details provided. Comey's lawyers said in separate court papers that the case stems from an alleged disclosure of classified information to the New York Times in October 2016, while he led the FBI.

Comey was charged in Washington DC through a criminal information, a written charging document filed directly by a prosecutor. That differs from an indictment, which requires approval by a grand jury.

Comey posted a video to Substack on Monday denying wrongdoing and calling the charges an "appalling abuse". "It would almost be funny if it weren't such an appalling abuse of the department of justice, one that we cannot become numb to," he said in the clip. "Nothing's changed with me - I'm still innocent, I'm still not afraid of these people and I still believe the independent federal judiciary."

His lawyer, Patrick Fitzgerald, said two separate teams of prosecutors examined the alleged 2016 disclosure during the first Trump administration. "Both times the Government determined that no charges should be brought against anyone," Fitzgerald said in a statement. He added that the filing "purports to charge Mr Comey with crimes that he did not commit". The legal team has filed a motion to dismiss the case.

Former federal prosecutor Glenn Kirschner told the BBC that the alleged disclosure dates back a decade, which may put it beyond the 10-year statute of limitations, giving the motion to dismiss "a very good chance of being granted". Kirschner said the case looked like a "revenge-fueled attempt by Donald Trump to have his Department of Justice find something that might stick".

Trump fired Comey during his first term, after the FBI opened an investigation into Russian meddling in the 2016 presidential election. Trump has repeatedly called for Comey's prosecution since. This filing is the third set of charges brought against him. In September 2025, a federal grand jury indicted Comey on charges of lying to Congress and obstructing a congressional proceeding; he pleaded not guilty in October 2025, and the case was dismissed in November 2025. In April 2026, Comey surrendered to authorities on charges that a 2025 Instagram post, which showed seashells on a beach arranged to read "86 47", threatened Trump's life. "Eighty-six" is slang for "get rid of", and prosecutors allege the numbers encourage violence against Trump, the 47th president. Comey denied wrongdoing in that case, saying he did not know what the numbers meant. That case is ongoing.

The filing became public the same day a federal judge ruled the Justice Department had illegally fired Comey's daughter, Maurene Comey. She lost her job as a federal prosecutor in New York in July 2025 and sued, arguing she was dismissed because of her father and her perceived political affiliations. The judge ruled Monday that the Trump administration must reinstate her and pay her back pay.

Comey's legal team's motion to dismiss the two new counts is pending.