Justice Department Charges Comey for Third Time
Federal prosecutors filed a two-count criminal information accusing former FBI Director James Comey of communicating national defense information and conspiracy, tied to an alleged 2016 leak to The New York Times.
The Morning Brief Desk · October 27, 2026 · Based on reporting by Axios
The Justice Department filed a two-count criminal information against former FBI Director James Comey on Monday, accusing him of communicating national defense information and conspiring with others to unlawfully disclose it. Prosecutors filed the document in U.S. District Court for the District of Columbia and tied the allegations to a 2016 disclosure to The New York Times, according to Fox News.
The filing marks the third time the Trump administration has brought charges against Comey. The Justice Department said it filed the information to preserve the allegations before the statute of limitations expired while its investigation continues. "Filing a criminal information to toll the statute of limitations is a widely recognized practice in federal court," a department spokesperson said, adding that the practice has been approved by multiple circuit courts of appeals and declining further comment on the open investigation.
Comey said the new charges would be funny if they were not an "appalling abuse" of the Justice Department, The Hill reported. He says he is innocent and will fight the allegations, according to Fox News. His lawyers argued the case is legally invalid and untimely, and have contended that prosecutors cannot proceed without first obtaining an indictment from a federal grand jury. Separately on Monday, a federal judge ruled that the administration illegally fired Comey's daughter, Maurene Comey, from her role as a federal prosecutor.
The context
This is the third set of charges the Trump administration has filed against Comey, who led the FBI before his dismissal. The current case centers on an alleged 2016 leak of national defense information to The New York Times.
The legal fight over the case has already reached a federal courtroom. U.S. District Judge Trevor McFadden, appointed by President Donald Trump in 2017, held an emergency, closed-door hearing on Oct. 9 after Comey's attorneys moved to dismiss the case and to unseal the proceedings, Fox News reported. McFadden granted the request to unseal the case but has not ruled on the motion to dismiss. Fox News also reported, citing sources, that a new federal grand jury subpoena was issued to a former Comey advisor as part of the leak investigation. The ruling on Maurene Comey's firing came the same day as the new charges, with the judge rejecting what Fox News described as a sweeping Article II claim by the administration.
Why it matters
A third federal prosecution of a former FBI director raises questions about the Justice Department's independence, particularly as the charges arrive a week before the midterm elections. The case also tests a procedural question with broader implications: whether prosecutors can sustain charges through a criminal information filed to stop the statute-of-limitations clock, rather than a grand jury indictment. Monday's separate ruling that the administration illegally fired Maurene Comey adds a judicial rebuke of the administration's personnel actions involving the same family, compounding scrutiny of how the department is handling matters connected to Comey.
What’s next
Judge McFadden has not yet ruled on Comey's motion to dismiss the case, and that decision is the most immediate step to watch. It remains unclear when, or whether, prosecutors will seek a grand jury indictment, according to Fox News. The Justice Department says its criminal investigation is ongoing, and the reported grand jury subpoena to a former Comey advisor suggests additional investigative activity may continue.
Sources
Axios — James Comey charged again by the DOJ
A charging document made public Monday marks the third time the Trump administration has charged the former FBI director, this time over an alleged 2016 disclosure of national defense information.
The Hill — Comey reacts to new charges: 'Funny' if it weren't 'appalling abuse' of DOJ
Comey called the new charges an 'appalling abuse' of the Justice Department; his lawyers argue the case is legally invalid and untimely.
Fox News Politics — James Comey faces new DOJ case over alleged national defense disclosure
The Justice Department filed a two-count criminal information accusing Comey of communicating national defense information and conspiracy, stemming from an alleged 2016 leak to the New York Times.
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