Comey Charged A Third Time, Over An Alleged 2016 Leak Of Defense Information To A Reporter

Former FBI Director James Comey has been charged by federal prosecutors with unlawfully passing national defense information to a reporter in 2016, the Justice Department’s third attempt to bring a case against him in a little over a year.

BREAKING: Former FBI Director James Comey charged with leaking national defense information to a reporter in 2016 pic.twitter.com/uKgb4qR218

— BNO News (@BNONews) October 26, 2026

The charging document, unsealed Monday in federal court in Washington, alleges that Comey, while FBI director, directed another person, through co-conspirators, to disclose national defense information to a reporter at a national news publication on Oct. 5, 2016. His defense describes it as classified information given to the New York Times. He faces two counts: unlawfully transmitting national defense information to an unauthorized person, and conspiracy to commit that offense.

According to the Daily Caller, a filing by Special Assistant U.S. Attorney Dustin Farahnak says the investigation “uncovered evidence that Mr. Comey directed staff to speak to” a Times reporter about accuracy concerns tied to a Reuters article.

Prosecutors first filed the case under seal on Oct. 5, 2026, exactly ten years after the alleged leak, and the offense carries a 10-year statute of limitations. Judge Trevor McFadden ordered it unsealed at Comey’s request, and prosecutors did not oppose. It is a criminal information, which prosecutors file themselves, and not a grand jury indictment, though some outlets call it one. Comey has not entered a plea.

Comey has moved to dismiss, arguing the charges are “time barred” because two other U.S. attorneys previously declined to prosecute and the statute required an indictment. Prosecutors answered that he is “mistaken” about their authority to bring charges by information.

His lawyer, Patrick Fitzgerald, said: “For the third time in a little more than one year, the Department of Justice has attempted to charge Mr. Comey with a federal crime.” He added that the filing “purports to charge Mr. Comey with crimes that he did not commit.”

Comey posted a video statement on Instagram, saying: “It would almost be funny if it weren’t such an appalling abuse of the Department of Justice.” In a written statement he said, “Nothing’s changed with me. I’m still innocent.”

James Comey (@comey) on Instagram

The earlier cases have not gone the government’s way so far. The 2025 case, charging a false statement to Congress and obstruction, was dismissed after a judge found prosecutor Lindsey Halligan was unlawfully appointed, and the government’s appeal is pending. A second case, filed in April in North Carolina over a seashell photo reading “86 47,” has an arraignment delayed until at least early next year. ZH covered Blanche’s denial that Trump directed that prosecution and the DOJ’s argument over the post. These are allegations in a charging document, and Comey has not been tried.