DOJ files third criminal case against James Comey over 2016 leak

The Justice Department filed a new criminal case against former FBI Director James Comey on October 5, 2026, the exact day the ten-year statute of limitations for the alleged conduct expired. The filing marks the third criminal prosecution of Comey by the current administration and stems from events in 2016 when Comey was leading the FBI.

The new indictment contains two counts. One alleges the disclosure of sensitive government information, and the other charges a conspiracy to disclose that information. According to court documents, the charges relate to a New York Times article published on October 5, 2016, about U.S. email surveillance. Prosecutors claim Comey directed FBI staff to speak with a Times reporter, an act they say illegally leaked sensitive material.

Comey’s legal team argues that this specific incident was already investigated twice by different U.S. attorneys, both of whom declined to prosecute. They contend that the Justice Department has been moving forward with this case behind closed doors for three weeks. The case was only made public on the afternoon of October 26, 2026, after a legal battle over its visibility.

A central point of contention is the method of filing. The Justice Department submitted a criminal information rather than a grand jury indictment. Comey’s attorneys have filed a motion to dismiss, arguing that the law requires a grand jury indictment once the statute of limitations period ends. Since the filing occurred on the deadline day without a grand jury, they maintain the window to charge him has closed.

The government disputes this interpretation, and a judge has not yet ruled on the motion to dismiss. Legal experts noted that using a criminal information to meet a strict deadline is an unusual maneuver. The timing suggests the department aimed to keep the case alive legally before the ten-year period lapsed.

Comey responded to the news via a statement on Instagram. He described the action as an appalling abuse of the Department of Justice that the public should not accept. He stated, "Nothing's changed with me. I'm still innocent. I'm still not afraid of these people. And I still believe in the independent federal judiciary."

This is the latest in a series of cases brought by the Trump administration against Comey. The first case, involving alleged false statements and obstruction related to congressional testimony, was dismissed by a court. The second case, which alleges threats against President Trump based on a social media post of seashells, is currently pending. Comey’s team is challenging that case as well, arguing he is being prosecuted vindictively for his criticism of the president.