US charges former FBI chief Comey with leaking defence information

Summarised from 6 outlets · 7 reports · Updated 26 Oct, 22:39 · Archive

The Justice Department has charged former FBI director James Comey with two counts of leaking national defence information, the third criminal case against him since Trump's second term began.

The Justice Department charged former FBI director James Comey on Monday with two counts related to leaking national defence information. The charges, filed in federal court in Washington DC, mark the third criminal case the Trump administration has brought against Comey since the president returned to office in January 2025. Comey was fired by Trump in May 2017 during his first term.

Prosecutors allege Comey 'knowingly and wittingly' transmitted national defence information to someone not entitled to receive it, and conspired to do so. The government claims the former FBI director leaked information in October 2016 and directed it to be disclosed to a reporter for a national news outlet. According to Comey's attorney Patrick Fitzgerald, the charges relate to a New York Times article published on 5 October 2016 describing how Yahoo was ordered to scan traffic for a computer signature allegedly tied to a terrorist organisation. Prosecutors allege Comey directed sensitive information to be disclosed to the article's reporter, Charlie Savage.

Comey has not been indicted by a grand jury. Instead, prosecutors used a charging document called a criminal information, which does not require grand jury approval. The Justice Department said this method was used to preserve the statute of limitations before it expires, and that it has been approved by multiple Circuit Courts of Appeals. 'Filing a criminal information to toll the statute of limitations is a widely recognised practice in federal court,' a Justice Department spokesperson said.

Comey responded to the charges in a video posted on Substack. 'Well, they're back, again,' he said. 'It would almost be funny if it wasn't such an appalling abuse of the Department of Justice, one that we cannot become numb to.' He maintained his innocence and said he was 'still not afraid of these people' and believed in 'the independent federal judiciary'. He also suggested more charges may come, saying 'the next couple years are going to be hard for all of us'.

Fitzgerald argued that the statute of limitations for the alleged 2016 leak has already expired. He stated that the case had been investigated twice previously without charges being filed, and that the law required an indictment rather than an information within the ten-year statute of limitations window. Fitzgerald's motion to dismiss the charges was filed last week.

This represents the third criminal case against Comey since Trump's return to office. In April, a federal grand jury in North Carolina indicted Comey for posting on social media a photo of seashells arranged to form the numbers '86 47', which the Justice Department claimed was code suggesting harm to Trump. Comey's attorneys have sought dismissal of that case. The Justice Department said the latest case remains an ongoing investigation and declined to comment further.

How it is being reported

• Justice Department charges James Comey a third timeThe U.S. Justice Department has charged former FBI Director James Comey with federal crimes for a third time, saying he allegedly leaked information.UPI · 26 Oct, 22:22
• Justice department charges ex-FBI director James Comey for third timeComey, an outspoken critic of Donald Trump, accused of leaking information related to US national defense The justice department charged former FBI director James Comey on Monday with two counts of leaking information related to national defense, the third time the Trump administration has filed criminal charges against one of Donald Trump’s most despised foes. The charges, filed in federal court in Washington DC, provide few details about what Comey is alleged to have leaked. The government alleges that the former FBI director leaked the information in 2016 and conspired with an unnamed…Guardian World · 26 Oct, 22:17
• DOJ trying to charge Trump-foe James Comey for third time, records showThe Justice Department is working to bring a third criminal case against former FBI director James Comey, court records show. He said, "I'm still innocent. I'm still not afraid of these people and I still believe in the independent federal judiciary." CBS News legal analyst Jessica Levinson has more.CBS News · 26 Oct, 22:14
• Former FBI director James Comey hit with third set of charges under TrumpComey, who was fired during Trump's first term, has been accused of unlawfully divulging national security informationAl Jazeera · 26 Oct, 22:03
• DOJ takes steps to charge James Comey againThe DOJ took steps to charge James Comey with leaking information earlier this month, in its third attempt to bring criminal charges against the former FBI director and Trump foe.CBS News · 26 Oct, 21:55
• Ex-FBI Director James Comey facing charges for third time by Trump adminProsecutors accuse Comey of “knowingly and wittingly” transmitting national defense information as well as conspiring to do so in a “criminal information” filing made in the US District Court for the District of Columbia.New York Post · 26 Oct, 21:53
• US charges ex-FBI chief James Comey with leaking national defence informationMove marks third time he has faced criminal allegations from the Trump administrationFinancial Times · 26 Oct, 21:42

In this story: James Comey · Donald Trump · Patrick Fitzgerald · Charlie Savage · Federal Bureau of Investigation · Justice Department · Washington DC

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