Federal prosecutors have initiated steps to charge former FBI Director James Comey with leaking national defense information, according to a court filing.
This marks the third instance in which the Department of Justice has sought criminal charges against Comey, a frequent critic of former President Donald Trump.
Details regarding the two counts in the three-page filing are limited, but Comey’s attorneys claim the case stems from an alleged disclosure of classified information to the New York Times in October 2016, during his tenure as FBI Director.
Comey denied any wrongdoing in a video posted on Substack, describing the charges as “an appalling abuse.”
“It would almost be funny if it weren’t such an appalling abuse of the Department of Justice, one we cannot become numb to,” he stated in the clip.
“Nothing has changed—I’m still innocent, I’m still not afraid of these people, and I still believe in the independent federal judiciary,” Comey added.
The charges were filed in Washington, D.C., through a criminal information—a formal written charging document submitted directly by a prosecutor. This differs from a criminal indictment, which requires approval from a grand jury, citizens tasked with evaluating the strength of evidence to justify prosecution.
Comey’s lawyer, Patrick Fitzgerald, stated that two separate prosecutorial teams investigated the alleged leak a decade ago during the first Trump administration, determining no charges were warranted.
Fitzgerald emphasized the court filing “purports to charge Mr. Comey with crimes that did not occur.” The legal team has filed a motion to dismiss the charges as baseless.
Former federal prosecutor Glenn Kirschner noted the case might exceed the 10-year statute of limitations, suggesting a high likelihood of dismissal. He also characterized the charges as a “revenge-fueled attempt by Donald Trump to weaponize the Department of Justice to find grounds for prosecution.”

