James Comey faces third criminal case over alleged national defence disclosures

The US Justice Department has brought two counts alleging disclosure of national defence information against former FBI director James Comey in federal court in Washington DC, according to reports on October 26, 2026. The filing marks its third effort to prosecute him, and Comey denies wrongdoing.²¹

Allegations linked to a 2016 article

The government alleges that Comey disclosed information in 2016 and worked with an unidentified person to pass it to a national news organisation, according to the Guardian. The Straits Times reported that he is accused of directing an unnamed individual to give national defence information to a reporter.²³

Comey's lawyer, Patrick Fitzgerald, said the case concerns a New York Times article published on October 5, 2016. According to the BBC, Comey's legal team described the underlying allegation as a disclosure of classified information to the newspaper that October.²¹

Prosecutors brought the case through a criminal information, rather than an indictment approved by a grand jury. The Guardian reported that prosecutors would eventually need grand-jury approval for the charges. That procedural step remains separate from the defence's objections to pursuing the case.¹²⁴

Defence challenges the prosecution

Comey's lawyers argue that the statute of limitations has expired and that the allegations have already been examined twice without charges, according to the Guardian. Fitzgerald said two prosecution teams had previously concluded that no prosecution should follow, the BBC reported.²¹

Fitzgerald said investigators considered the matter during Trump's first administration, according to the Straits Times. He said “the government determined that no charges should be brought against anyone”. Comey separately denied wrongdoing in a video posted on Substack, the BBC reported.³¹

Two earlier cases

In September 2025, Comey faced charges of lying to Congress and impeding a congressional proceeding. He pleaded not guilty, according to the BBC. That case was dismissed after a judge found that the prosecutor who brought it had been unlawfully appointed, the Guardian and Straits Times reported.¹²³

A separate prosecution concerns an Instagram photograph of seashells arranged as the numbers 86 and 47. According to the BBC, Comey surrendered in April 2026 over allegations that the image threatened Trump's life. Prosecutors allege it encouraged violence; Comey says he did not understand the numbers' meaning and alleges political motivation. The BBC reported that this second case remains ongoing.¹³