Justice Department unseals third criminal case against former FBI Director

The United States Department of Justice unsealed criminal charges against former FBI Director James Comey on the afternoon of October 26, 2026. This filing marks the third time the agency has brought criminal counts against the former director. The new case centers on events that occurred in October 2016, when Comey served as the head of the Federal Bureau of Investigation.

Prosecutors allege that Comey directed FBI staff to provide information to a reporter for The New York Times. This interaction led to an article published on October 5, 2016, regarding U.S. email surveillance. The government claims this disclosure was illegal and leaked sensitive government information. Comey faces two counts in this latest indictment: one for the alleged disclosure and another for conspiracy to disclose that information.

The timing of the legal filing has drawn attention from Comey’s legal team. The Department of Justice filed a criminal information on October 5, 2026. Comey’s attorneys argue that this specific date marks the expiration of the ten-year statute of limitations for the underlying conduct. By using a criminal information rather than a grand jury indictment, prosecutors filed the case on the final day of the legal window. Comey’s lawyers have submitted a motion to dismiss the case, contending that the statute of limitations had already closed by the time the charges were formally presented.

Court papers indicate that the incident was previously examined by two separate U.S. attorneys. Both of those officials declined to prosecute the matter at the time. The case remained under seal for approximately three weeks before the public became aware of the charges. The current Justice Department, operating under the second Trump administration, is now pursuing the matter through the federal courts.

Comey issued a statement on his Instagram account to address the news. He described the new charges as an abuse of the Department of Justice that the public should not accept without scrutiny. "Well, they're back. Again," Comey wrote. "It would almost be funny if it weren't such an appalling abuse of the Department of Justice, one that we cannot become numb to." He added that he remains innocent and is not afraid of the individuals prosecuting him, while expressing continued belief in the independent federal judiciary.

This is the third criminal case brought against Comey by the Trump administration. The first case involved alleged false statements and obstruction related to congressional testimony. A court dismissed that initial case. The second case involves alleged threats made against President Trump, a dispute tied to a photo of seashells that Comey posted on social media. Comey is currently challenging that second case as well. In his defense arguments, he has claimed that he is being prosecuted selectively and vindictively due to his public criticism of the President.

The current case is now in the hands of the federal court system. The court has not yet ruled on the motion to dismiss filed by Comey’s attorneys. The government disagrees with the defense argument regarding the statute of limitations. The unusual procedural path of the case, moving behind closed doors for weeks before unsealing, has become a central point of legal and public discussion as the trial proceedings move forward.