Former FBI Director James Comey is facing criminal charges for the third time under President Donald Trump’s administration.
On Monday, sealed documents were revealed showing that the Trump administration had charged Comey with two crimes related to the illegal dissemination of “national defense information.”
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Comey, a prominent Trump critic, has not been charged in the case. He denies any wrongdoing.
However, this is the third time the Trump administration has sought to bring criminal charges against the former FBI director since returning to office in January 2025.
In a court filing in October, prosecutors accused Comey of ordering FBI colleagues to leak information to the press.
“Defendant (Mr. Comey), through one or more co-conspirators, directed Individual #1 to disclose national defense information to reporters at national news publications,” the court filing states.
In a video posted on the online platform Substack, Comey renewed his condemnation of the Trump administration’s efforts to prosecute him as a campaign of political retribution.
“Well, they’re back again. It would be almost comical if this wasn’t such an egregious abuse of the Department of Justice. We can’t be numb to it,” Comey said.
“Nothing has changed for me. I’m still innocent and I’m still not afraid of these people. And I still believe in an independent federal judiciary.”
Comey also pointed out that Trump is still in the middle of his second term and suggested that more criminal charges are expected.
“The next few years are going to be tough for all of us,” Comey added. “It’s really important that we stand up straight and keep our faith in America.”
The latest charges relate to an October 5, 2016, New York Times article that described how email platform Yahoo was ordered to scan traffic on its site for specific computer signatures allegedly associated with “terrorist” organizations.
Prosecutors have accused Comey of directing the reporter on the story, Charlie Savage, to disclose classified information.
In a statement to the press, Comey’s lawyer, Pat Fitzgerald, argued that the government had already investigated the matter twice and that the charges were weak.
“In both cases, the government determined that no charges should be brought against anyone,” the statement said.
Fitzgerald noted that government prosecutors are not seeking charges. Indictment means presenting an indictment to a grand jury, which then decides whether to approve criminal charges.
Instead, they are seeking to indict Mr. Comey through a process called a “criminal information,” which allows prosecutors to bypass a grand jury.
“Ten years after the article was published, the government submitted ‘information’ against Mr. Comey that was not approved by a judge or approved by a grand jury,” Fitzgerald said. “The purpose is to indict Mr. Comey for a crime he did not commit.”
Federal Judge Trevor McFadden of the U.S. District Court in Washington, D.C., is overseeing the case. He is an appointee of President Trump.
President Trump has long called for the prosecution of Comey, who he fired as FBI director in 2017 during his first term in office.
Comey had been FBI director since 2013, but his firing comes as the FBI investigates possible collusion between Russia and Trump’s 2016 presidential campaign, an investigation that Trump has repeatedly denounced as a “hoax.”
After Trump takes office for a second time in 2025, his administration is seeking to prosecute several of the president’s critics, including Comey.
In September 2025, President Trump appears to have asked then-Attorney General Pam Bondi to investigate Comey and other people he considers to be political adversaries.
“Nothing is progressing. What will happen to Comey, Adam “Shifty” Schiff, and Letitia?” President Trump wrote to Bondy in a social media post, referring to Letitia James, the former FBI director, Democratic senator, and New York attorney general. “They are all guilty of extreme sins, but nothing will be done.”
Trump ended his post by telling Bondi to “delay no longer” before going after his three critics.
“Justice must be served now,” he wrote.
Five days later, on September 25 of the same year, Comey was indicted on charges of lying to Congress and obstructing the legislative process.
The case was ultimately dismissed on the grounds that the prosecutor in charge, Lindsey Harrigan, was illegally appointed.
The second indictment was filed on April 28th. At the time, the Trump administration accused Comey of threatening the president by posting a photo of a seashell emblazoned with the message “86 47” on social media.
47 refers to 47th President Trump, and “86” is a rhyming word for “Knicks,” which is common in the service industry as code for abandoning food or customers.
However, the Trump administration maintains that “86” connotes violence. The case is ongoing.
Earlier Monday, before the third charge was announced, a federal judge in a separate case ruled that Comey’s daughter, former assistant U.S. attorney Maureen Comey, was wrongfully fired last year during President Trump’s second term.
The younger Mr. Comey claims his firing was in retaliation against his father. The court ruled that she was entitled to “retroactive reinstatement” and a refund.
James Comey has denied all charges of criminal wrongdoing, and his lawyers are seeking the latest set of charges to be dismissed.
