US seeks new charges against former FBI chief James Comey

The US Justice Department has launched a third attempt to prosecute former FBI Director James Comey, accusing him of illegally disclosing national defense information in 2016.

Court documents unsealed on Monday reveal allegations that Comey directed a subordinate to share classified information with a journalist.

The case marks another escalation in President Donald Trump's long-running conflict with the former FBI chief, who has denied wrongdoing.

What are the latest allegations against James Comey?

The case centers on an October 2016 New York Times article about a secret US surveillance order involving internet company Yahoo.

The order reportedly required Yahoo to scan emails for messages potentially linked to a foreign terrorist organization. It had been issued by a secret intelligence court.

Prosecutors allege that Comey instructed a staff member to contact a New York Times journalist to correct inaccurate information published by news agency Reuters the previous day.

US President Donald Trump has repeatedly accused former FBI director James Comey of wrongdoing, while Comey has denied the allegationsImage: Julia Demaree Nikhinson/AP Photo/picture alliance

According to the Justice Department, this resulted in the illegal transfer of classified national defense information to an unauthorized person.

However, the allegations have already been investigated twice.

Federal authorities began examining the disclosure in 2017. Prosecutor John Durham recommended against bringing criminal charges in December 2018, according to Comey's lawyers.

A second investigation, launched in 2019 under the code name "Tropical Vortex," was also closed without charges in February 2020.

How are Comey's lawyers fighting the new charges?

The Justice Department filed a legal document known as a "criminal information" in early October, shortly before the 10-year deadline for prosecuting the alleged offense.

Unlike an indictment, a criminal information does not require approval from a grand jury or judge.

Prosecutors say the filing allows them to extend the statute of limitations, which determines how long authorities have to bring criminal charges.

A courtroom sketch shows former FBI director James Comey alongside his lawyer Patrick Fitzgerald during his arraignment in 2025 [FILE: October 8, 2025]Image: Dana Verkouteren/AP Photo/dpa/picture alliance

Comey's lawyers dispute that interpretation. They argue that federal law explicitly requires an indictment within 10 years and that the government's filing does not meet that requirement.

They have asked a judge to dismiss the case. A ruling is still pending.

Comey's attorney, Patrick Fitzgerald, also pointed to the two earlier investigations.

"Both times the Government determined that no charges should be brought against anyone," he said.

Responding to the latest allegations in a video posted on Substack, Comey condemned the prosecution.

"It would almost be funny if it weren't such an appalling abuse of the Department of Justice," he said.

"I'm still innocent. I'm still not afraid of these people, and I still believe in the independent federal judiciary."

What other criminal cases does James Comey face?

The latest case is the third criminal proceeding brought against Comey since Trump returned to the White House in January 2025.

In September 2025, prosecutors charged him with making false statements to Congress and obstructing a congressional proceeding.

A federal judge dismissed the case after finding that the Trump-appointed prosecutor who brought the charges had been unlawfully appointed.

Former FBI director James Comey testified before the Senate Intelligence Committee in June 2017 about his dismissal by Trump and the Russia investigation [FILE: June 8, 2017]Image: Andrew Harnik/AP Photo/dpa/picture alliance

In April 2026, Comey was indicted again, this time over an Instagram photograph showing seashells arranged to form the numbers "86 47."

The Justice Department interpreted the numbers as a threat against Trump, arguing that "86" referred to killing someone and "47" identified Trump as the 47th US president.

Comey denied threatening Trump's life and has sought to have that case dismissed.

Why has Trump targeted former FBI director Comey?

Comey was appointed FBI director in 2013 by Democratic President Barack Obama.

His relationship with Trump deteriorated shortly after the president took office in 2017.

Comey resisted Trump's request to pledge personal loyalty during a private dinner.

Trump fired him in May 2017 while the FBI was investigating Russian interference in the 2016 presidential election and possible connections to Trump's campaign.

Donald Trump and James Comey initially appeared to have a cordial relationship before the president fired the FBI director in May 2017 [FILE: January 22, 2017]Image: Andrew Harrer/UPI Photo/Newscom/picture alliance

The investigation was subsequently taken over by special counsel Robert Mueller. It established that Russia had interfered in the election but found insufficient evidence to prove criminal coordination between Moscow and Trump's campaign.

The two men have remained bitter political opponents. Trump has repeatedly accused Comey of treason, while Comey compared the president to a mafia boss in his 2018 memoir.

Edited by: Wesley Dockery

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