Federal prosecutors file third case against James Comey over 2016 email disclosures

Federal prosecutors have filed a third criminal case against former FBI Director James Comey. The new indictment alleges that Comey transmitted national defense information and conspired to do so. The government kept the case under judicial secrecy until October 5. This marks the latest legal action against Comey, a figure who has been a recurring target for President Donald Trump since the start of the FBI investigation into Russian interference in the 2016 elections.

The charges arise from a specific event in October 2016. On that date, The New York Times published an article by journalist Charlie Savage. The piece claimed that Yahoo had helped with U.S. email surveillance by adapting its spam filter. According to the prosecution, Comey attempted to correct erroneous information that had appeared in the press via Reuters the day before. Deputy Special Counsel Dustin Farahnak stated in a document unsealed on Monday that the investigation found evidence Comey instructed staff to speak with Savage. The prosecutors argue this led to the illegal transmission of classified information.

Comey’s legal team filed a motion to dismiss the charges ten days ago. They argue that the statute of limitations has expired. The defense points out that the government had ten years to start the process by obtaining a formal indictment from a grand jury. Since the alleged disclosure happened on October 5, 2016, and the formal accusation was not issued by a grand jury, the defense contends the case has prescribed. They maintain that the document filed by prosecutors is not a true indictment but a formal accusation that requires different legal handling.

In a video posted on the platform Substack on Monday, Comey responded to the news. He described the action as a terrible abuse of the Department of Justice. Comey stated that he remains innocent and does not fear the individuals bringing the case. He expressed his continued belief in the independence of the federal judiciary. The former director noted that while the situation might seem humorous, the abuse of power requires a strong response.

Patrick Fitzgerald, Comey’s attorney, provided further context on Monday. He noted that the first case against Comey was dismissed. The dismissal occurred after the Department of Justice used a person who was not actually a U.S. Attorney to seek a grand jury indictment that was never presented. Fitzgerald said the government also charged Comey with crimes he did not commit in that first instance. He described the dismissal of that initial case as prompt and correct.

Fitzgerald addressed the second case, which emerged on April 28, 2026. In that instance, Comey was indicted in North Carolina for threatening Trump. The threat involved publishing an image of seashells arranged to form the number 8647. Comey has maintained his innocence in that matter as well. The attorney stated that the current case involves an article that two separate teams of prosecutors investigated during Trump’s first term. The government decided at that time not to charge anyone.

The defense argues that the current filing is a formal accusation that was not approved by a judge or issued by a grand jury. Fitzgerald said the government is trying to indict Comey for crimes he has not committed. He confirmed that Comey will fight the charges firmly and publicly. The government maintains that the charges were filed within the legal timeframe and that the defense is misinterpreting the applicable legislation.

Comey served as FBI director when the New York Times article was published. Trump fired him in May 2017. The dismissal followed Comey’s decision to open an investigation into Russian interference and potential links to the Trump campaign. Since then, Trump has repeatedly called for Comey’s prosecution. He has described the former director as a corrupt cop and a sick person. This is the third criminal case filed against Comey since the start of Trump’s second term.