What changed
Federal prosecutors filed a two-count criminal information against former FBI Director James Comey on 26 October 2026, alleging he unlawfully disclosed national-defence information to The New York Times in October 2016.
It is the Justice Department’s third attempt to bring criminal charges against Comey. His lawyers have asked the court to dismiss the case.
Why it matters
The unusual feature is how the case began. Prosecutors filed the charges directly, without first seeking approval from a grand jury. That makes this a formal accusation, not yet a grand-jury indictment.
The timing also puts the legal fight on familiar ground. Comey says he is innocent and calls the prosecution an abuse of the Justice Department. His lawyer, Patrick Fitzgerald, says two earlier investigations examined the alleged disclosure and declined to bring charges.
A former federal prosecutor said the case may have been filed after the 10-year statute of limitations expired. That issue could decide whether the case survives before the court ever considers the underlying allegation. No ruling has been reported, and it remains unclear whether the charges will proceed to trial.
The case adds another unresolved legal front for Comey. His separate prosecution over a 2025 social-media image reading “86 47” is still ongoing. The latest charges were also made public on the same day a judge ruled that the Justice Department illegally fired Comey’s daughter, Maurene Comey.
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