Justice Department Unseals Third Criminal Case Against James Comey
Prosecutors allege Comey leaked surveillance details in 2016, a decade after two prior U.S. attorneys declined to charge him.
By Vikram Harrison ·
The Justice Department unsealed criminal charges against former FBI Director James Comey on Sunday afternoon, marking the third time the agency has pursued the former director under the second Trump administration. The new case centers on alleged leaks of sensitive information regarding U.S. email surveillance that took place in October 2016. Comey, a prominent critic of President Donald Trump, now faces two criminal counts related to that incident.
Court documents state that the alleged conduct dates back to October 2016, when Comey was still serving as FBI director. Prosecutors claim that Comey directed FBI staff to speak with a reporter at The New York Times. This interaction led to an article published on October 5, 2016, detailing U.S. email surveillance practices. The government alleges that this directive constituted an illegal disclosure of sensitive information. The second count alleges a conspiracy to commit that disclosure.
Comey’s legal team argues that the statute of limitations expired on October 5, 2026. They contend that because the government filed a criminal information rather than a grand jury indictment, the window to charge him had already closed. The Justice Department filed the case on October 5, 2026, the exact day the ten-year deadline passed. A legal dispute over this timeline has played out behind closed doors for three weeks. The court has not yet ruled on Comey’s motion to dismiss the case on these procedural grounds.
Comey’s attorneys point out that two separate U.S. attorneys previously investigated this same incident. Both declined to prosecute. The current case is being pursued by the Justice Department under the current administration. The shift from a declined prosecution by local U.S. attorneys to a federal information filed by the Department of Justice represents a distinct change in how the case is being handled. The government disputes the argument that the statute of limitations bars the new charges.
In a statement posted on Instagram, Comey responded to the unsealing of the case. He described the situation as an appalling abuse of the Department of Justice. “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,” Comey wrote. He noted that the recurrence of legal action against him would be almost funny if it were not for the apparent misuse of the agency.
This is the third criminal case brought against Comey by the Trump Justice Department. The first case involved alleged false statements and obstruction of justice tied to congressional testimony. A court tossed that case out. The second case involves alleged threats against President Trump, a charge linked to a photo of seashells that Comey posted on social media. Comey is currently challenging that case as well. In both instances, his legal team has argued that he is being prosecuted selectively and vindictively because of his public criticism of the president.
The current case adds to the legal pressure on the former director. The Justice Department has now moved to prosecute a matter that local prosecutors previously passed on. The use of a criminal information to meet the statute of limitations deadline is described as an unusual maneuver. The court will now decide whether the procedural timing allows the case to proceed. Comey remains free while the legal fight continues.
