The three-page filing outlines two counts, though specific details regarding the alleged offenses were not fully disclosed in the public documents. According to court papers filed by Comey’s attorneys, the case stems from an alleged disclosure of classified information to The New York Times in October 2016, during Comey’s tenure as FBI Director. His lawyer, Patrick Fitzgerald, stated that two separate teams of prosecutors had investigated this alleged disclosure during the first Trump administration. “Both times the Government determined that no charges should be brought against anyone,” Fitzgerald said in a statement. He added that the current filing “purports to charge Mr Comey with crimes that he did not commit.” The defense has filed a motion to dismiss the charges.
Comey, a longtime critic of President Donald Trump, denied any wrongdoing in a video posted on Substack on Monday. He described the charges 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 said.
Legal experts have raised procedural concerns regarding the timing of the prosecution. Former federal prosecutor Glenn Kirschner told the BBC that the case may have exceeded the 10-year statute of limitations, noting that this gives the motion to dismiss “a very good chance of being granted.” Kirschner characterized the charges as a “revenge-fuelled attempt by Donald Trump to have his Department of Justice find something that might stick.” Comey was fired by President Trump in 2018 after the FBI opened an investigation into claims of Russian meddling in the 2016 presidential election. Since then, Trump has repeatedly called for Comey’s prosecution.
This is the third instance in which the Justice Department has moved to bring criminal charges against the former FBI director. In September 2025, Comey was indicted by a federal grand jury on charges of lying to Congress and obstructing a congressional proceeding. He pleaded not guilty in October, and the case was dismissed in November. In April 2026, Comey surrendered to authorities to face separate ongoing charges alleging that a social media post from 2025 posed a threat to the President’s life. Prosecutors allege that an image of seashells arranged to read “86 47” encourages violence, a claim Comey denies, stating he did not know the numerical significance.
The latest charges were made public on the same day a federal judge ruled that the Justice Department had illegally fired Comey’s daughter, Maurene Comey. The judge ordered her reinstatement and back pay, finding she was unlawfully terminated due to her father’s identity and perceived political affiliations. The next step in the current legal proceedings is the court’s review of the defense’s motion to dismiss the new charges.
