US prosecutors move to charge James Comey over defence leak

US federal prosecutors have taken steps to charge former FBI director James Comey with leaking national defence information, according to a three-page court filing. The criminal information was filed in Washington DC and contains two counts, marking the third time the justice department has moved to bring criminal charges against a longtime critic of President Donald Trump.

What are the charges against James Comey?

The filing gives few details beyond the two counts. Comey’s lawyers said in separate court papers that the case stems from an alleged disclosure of classified information to the New York Times in October 2016, when Comey was head of the FBI. Prosecutors used a criminal information, a charging document filed directly by a prosecutor, rather than a criminal indictment, which must be approved by a grand jury of citizens sworn in to review whether the evidence is strong enough to prosecute.

What has Comey said about the charges?

Comey denied any wrongdoing in a video posted on Substack on Monday and called the charges an “appalling abuse”. “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,” he said in the clip. “It would almost be funny if it weren’t such an appalling abuse of the department of justice, one that we cannot become numb to.”

Why is Comey’s legal team seeking dismissal?

Comey’s lawyer, Patrick Fitzgerald, said two separate teams of prosecutors had investigated the alleged disclosure to the New York Times a decade earlier during the first Trump administration, and that “both times the Government determined that no charges should be brought against anyone”. Fitzgerald said the filing “purports to charge Mr Comey with crimes that he did not commit”, and the legal team has filed a motion to dismiss. Former federal prosecutor Glenn Kirschner told the BBC the case may have exceeded the 10-year statute of limitations, which he said gives the motion “a very good chance of being granted”. Kirschner described the charges as a “revenge-fuelled attempt by Donald Trump to have his Department of Justice find something that might stick”.

What happened in the earlier cases against Comey?

Trump fired Comey during his first term after the FBI director opened an investigation into claims of Russian meddling in the 2016 US presidential election, and has repeatedly called for his prosecution since. A federal grand jury indicted Comey in September 2025 on charges that he lied to Congress in testimony and obstructed a congressional proceeding; he pleaded not guilty the following month and the case was dismissed in November. In April 2026, Comey surrendered to authorities over charges that an image he briefly shared on social media posed a threat to Trump’s life. The 2025 Instagram post showed seashells on a beach arranged to read “86 47”; prosecutors allege the numbers encourage violence against Trump, the 47th president. Comey denies wrongdoing, saying he did not know what the numbers meant, and that case is ongoing.

What did a judge rule about Maurene Comey?

The latest charges became public on the same day a federal judge ruled that the justice department illegally fired Comey’s daughter, Maurene Comey. She lost her job as a federal prosecutor in New York in July 2025 and sued the government, arguing she was unlawfully dismissed because of her father and her perceived political affiliations. The judge ruled on Monday that the Trump administration must reinstate her and give her back pay.

Frequently asked questions

What is James Comey accused of in the new filing?

Federal prosecutors filed two counts in Washington DC concerning the leaking of national defence information. Comey’s lawyers say the case stems from an alleged disclosure of classified information to the New York Times in October 2016, when he led the FBI.

Is this the first time Comey has faced criminal charges?

No. A federal grand jury indicted him in September 2025 on charges of lying to Congress and obstructing a congressional proceeding, a case dismissed in November 2025, and he surrendered to authorities in April 2026 over an Instagram post that prosecutors said threatened Trump.

What is a criminal information?

It is a formal charging document filed directly by a prosecutor, unlike an indictment, which must be approved by a grand jury.

What did Comey say about the charges?

In a video posted on Substack, Comey called them an appalling abuse, said he is still innocent and not afraid, and said he believes in the independent federal judiciary.

With reporting from BBC News.

Stock image, not from the events described. Globe World — Jo%E3o%20Silas / Wikimedia Commons (CC0 1.0)