Federal prosecutors have charged former FBI Director James Comey for a third time, this time accusing him of secretly directing the leak of national defense secrets to a reporter a decade ago.
Quick Take
- A new criminal filing claims Comey used a go-between to pass sensitive information to a journalist in 2016.
- Prosecutors link the alleged leak to a 2016 New York Times story about Yahoo and FBI surveillance.
- The case was filed as a “criminal information,” not a grand jury indictment, raising legal questions.
- Comey calls the charges an “appalling abuse” of the Justice Department and says he is innocent.
- Earlier federal investigations into similar leak claims against Comey found insufficient evidence to prosecute.
New Charges Target Decade-Old Allegations
A federal charging document filed October 5 in the U.S. District Court for the District of Columbia accuses Comey of acting through one or more unnamed co-conspirators to disclose national defense information to a reporter. The filing lists two legal theories: that Comey knowingly shared protected information with someone not allowed to have it, and that he conspired with others to do so.
Prosecutors tie the alleged leak to an October 2016 New York Times article about how Yahoo changed its email spam filters to help the FBI with surveillance. The government has not publicly released the specific document or information Comey allegedly passed along, nor named the reporter or the go-between accused of carrying the message.
Timing And Process Raise Red Flags
The filing landed exactly ten years after the alleged leak, right at the deadline set by the statute of limitations. Prosecutors used a criminal information instead of asking a grand jury for an indictment first, a move they say preserves the case while they continue seeking formal charges. Comey’s lawyers argue this shortcut does not satisfy the legal requirement and should sink the case entirely.
This is the third time the Trump administration has brought charges against Comey, who has clashed publicly with President Trump for years. That history makes it easy for people on both sides to view the case through a political lens rather than weigh the evidence on its own. The unusual filing method has already become a bigger talking point than the underlying accusation itself.
Comey Denies Wrongdoing, Cites Past Clearances
Comey insists he broke no laws. “It would almost be funny if it weren’t such an appalling abuse of the Department of Justice,” he said after the charges were announced. He has long denied authorizing any leak and told Congress in 2020 that he never shared classified information about Russian election interference with the Times or approved anyone else doing so.
A 2018 Justice Department inspector general review backed up part of that account, finding that evidence “overwhelmingly” supported Comey’s claim he had not authorized a separate leak tied to former deputy director Andrew McCabe. A later FBI probe into a different disclosure allegation involving Comey associate Daniel Richman also closed without enough evidence to charge either man. Comey’s attorneys note that two separate U.S. attorney’s offices already reviewed the current allegation years ago and declined to prosecute.
🔴 DOJ charges Comey with transmitting national defense information
Former FBI director James Comey was charged Monday with transmitting national defense information and conspiracy to transmit national defense information. Prosecutors allege Comey directed disclosure of… pic.twitter.com/a4FfXzSJee
— NewsTongue (@NewsTongueX) October 26, 2026
The law at the center of this case, part of the Espionage Act, does not require proof that someone spied for a foreign government. It simply bans willfully sharing information related to national defense with someone who should not have it, when the person sharing it has reason to think it could hurt the United States. That broad wording has let the government apply the law unevenly for decades, with leak prosecutions spiking under some administrations and barely used under others.
Why This Matters Beyond One Case
Regardless of political leanings, many Americans already distrust how federal power gets used against high-profile targets. A case built on a last-minute filing, an unusual legal shortcut, and details the public cannot fully see feeds that distrust further. Whether Comey is guilty or innocent, the process itself is drawing as much scrutiny as the actual accusation, and that gap between facts and procedure is likely to shape how this case is remembered.
The next steps will matter most. Prosecutors must still convince a grand jury to formally indict Comey, and a judge will have to decide whether the original filing even meets the legal deadline. Until more of the record becomes public, both the strength of the leak allegation and the fairness of how it was brought remain open questions for the courts to settle.
Sources:
politico.com, yahoo.com, pbs.org, nbcnews.com
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