Justice Department reopens James Comey case

The U.S. Department of Justice filed new criminal charges against former FBI Director James Comey on October 5, 2026. The filing, which remained under seal until it was revealed in declassified court documents on Monday, centers on a supposed leak of classified information from 2016. The department is now formally seeking to prosecute Comey for that decade-old disclosure.

The charges relate to a secret order issued by the Foreign Intelligence Surveillance Court. That order required Yahoo to search emails for messages connected to a foreign terrorist organization. A New York Times article published in October 2016 revealed the existence of that order. The piece cited two government officials who spoke anonymously. Prosecutors allege Comey acted to correct earlier reports from Reuters and directed staff to contact a Times journalist about specific data, an action they say illegally transferred classified material.

Comey's defense challenges the timing of the case. Attorneys argue that the law requires a formal accusation approved by a grand jury within ten years of the incident. They contend that a simple criminal complaint, which the Justice Department filed to stop the statute of limitations from expiring, does not meet that legal standard. Patrick Fitzgerald, one of Comey's lawyers, stated that the government has determined in two prior investigations that no charges were warranted. He noted that the defense has asked a judge to dismiss the current proceedings, a request that is still pending.

Comey responded to the news via a video released on Monday. He called the new attempt an abuse of the Justice Department. In the clip, he declared that he remains innocent and continues to believe in the independence of the federal judiciary. A Justice Department spokesperson countered that filing a criminal complaint to preserve the statute of limitations is a recognized practice in federal courts. The department said the investigation remains open.

This case adds to a long history of conflict between Comey and the Trump administration. The two first clashed in 2017 when Trump fired Comey during an investigation into Russian interference in the 2016 election. Special Counsel Robert Mueller later concluded that Russia interfered in the election but did not find evidence of a criminal conspiracy between Moscow and Trump's campaign. Trump has since called Comey a despicable liar. Comey, for his part, detailed their tense relationship in his 2018 memoir.

The federal government has brought two other criminal cases against Comey since Trump returned to the White House. A judge in Virginia dismissed one charge, which alleged Comey lied to Congress in 2020, after ruling the prosecutor was appointed illegally. Another case accuses Comey of threatening Trump through an Instagram post featuring seashells arranged to form the numbers 86 47. Comey is also seeking dismissal for that matter.

The dispute extends to Comey's daughter, Maurene Comey. She served as a federal prosecutor in New York before being fired last year. A federal judge ruled on Monday that her dismissal was illegal. The Justice Department has also moved against other figures, including a search of the home of Representative Ilhan Omar.