Third case against Comey: Justice Department accuses ex-FBI chief of leaking secrets

The U.S. Justice Department has charged former FBI Director James Comey for the third time in 13 months. The charging document was filed under seal in federal court in Washington in early October and made public on Monday. According to Axios, it contains two counts: transmitting national defense information and conspiring to do so. Prosecutors allege that in October 2016, while leading the FBI, Comey directed staff to share classified information with The New York Times concerning a Reuters report on Yahoo's cooperation with U.S. surveillance. U.S. District Judge Trevor McFadden ordered the documents unsealed.

Comey rejected the allegations. "I'm still innocent. I'm still not afraid of these people," he said in a video. His attorney, Patrick Fitzgerald, said two separate prosecution teams examined the matter during Trump's first term and declined to bring charges. The defense also argues the 10-year statute of limitations has expired and has moved to dismiss. TIME reported the charges were brought as a criminal information, which does not require grand jury approval. A Justice Department spokesperson called it an "ongoing criminal investigation" and declined further comment.

A first case, over alleged false statements to Congress, was dismissed in November 2025 after a judge found prosecutor Lindsey Halligan had been unlawfully appointed. A second case, over an Instagram photo of seashells spelling "86 47" that prosecutors treat as a threat against Trump, is set for trial in North Carolina in February 2027. Comey calls the photo a political message. He is presumed innocent. Separately, a federal judge ruled on Monday that Comey's daughter Maurene was unlawfully fired as a Manhattan prosecutor; the department reportedly plans to appeal.