The Justice Department unsealed a criminal information charging former FBI Director James Comey with two counts related to transmitting national defense information in 2016, marking a third attempt to prosecute him.
A federal judge unsealed a criminal case on Monday in which the Justice Department charges former FBI Director James Comey with two counts of transmitting national defense information and conspiracy related to an alleged 2016 disclosure.
Court documents show the information was filed on October 5, 2026, accusing Comey of knowingly communicating a sensitive document to a person not entitled to receive it, in violation of 18 U.S.C. § 793(d), and of conspiring to do so. The allegation centers on an October 5, 2016 New York Times article about a secret court order requiring Yahoo to scan emails.
This is the third set of charges the Trump administration has brought against Comey. Earlier cases involved alleged false statements to Congress, which was dismissed over appointment issues, and a pending indictment over an Instagram post of seashells arranged as “86 47.” Comey’s lawyer Patrick Fitzgerald said the former director maintains his innocence and that prior investigations declined to prosecute the 2016 matter.
The unsealed memorandum order from Judge Trevor N. McFadden confirms the information was filed and directs the case to be unsealed. AP and other outlets report the DOJ described the filing as a step to toll the statute of limitations. Comey’s team argues the charges are barred by the limitations period and improper use of an information without a grand jury indictment.
The stakes involve the administration’s repeated use of criminal process against a longtime Trump critic. Fitzgerald called the effort political retribution. The next development will be Comey’s motion to dismiss, already filed, and any DOJ response. The case remains ongoing, with no trial date set.
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- Patrick Fitzgerald: Mr. Comey steadfastly maintains his innocence.
- DOJ spokesperson: Filing a criminal information to toll the statute is a recognized practice.