In 2025, James Comey was indicted over congressional testimony before a judge dismissed the case; in 2026, a social-media threat indictment followed, and he now faces a third federal prosecution

Former FBI director James Comey.

The US Justice Department has made a third attempt to bring criminal charges against former FBI director James Comey, this time over allegations that he disclosed national defence information to an unauthorised person in 2016, according to court records.Prosecutors have filed a criminal information accusing Comey of two counts of violating the Espionage Act by allegedly transmitting national defence information to someone not authorised to receive it. The filing, made under seal earlier this month, was unsealed on Monday at the request of Comey’s legal team.The latest move does not amount to a grand jury indictment or a criminal complaint. Instead, prosecutors used criminal information, a formal charging document filed directly by the government, to preserve the case before the statute of limitations expires. The Justice Department has said the procedure is recognised in federal courts.The allegations stem from a 2016 New York Times report about Yahoo’s role in US email surveillance. According to court filings, the department alleges that Comey directed staff to speak with a Times reporter about the accuracy of an earlier Reuters report.Comey’s lawyer, Patrick Fitzgerald, said the former FBI director maintains his innocence and that the allegations concern a matter investigated twice during the first Trump administration, with prosecutors deciding on both occasions not to bring charges.In a video statement posted on Monday, Comey said the latest action was an “appalling abuse” of the Justice Department. He added that he remained innocent and was not afraid of those seeking to prosecute him.The latest effort comes amid Comey’s long-running feud with President Donald Trump, who fired him during his first term and has repeatedly called for his prosecution.Why the latest filing is differentThe criminal information was filed in early October, shortly before the 10-year statute of limitations for the alleged offence was due to expire. Comey’s lawyers have challenged the move, arguing that filing the document cannot extend the deadline applicable to an indictment.The legal team has also sought to have the case dismissed. During an emergency hearing, prosecutors agreed to refrain from seeking an indictment for 30 days, according to court filings.US District Judge Trevor McFadden ordered the documents unsealed on Monday, citing the public interest in criminal charges involving a former FBI director. The judge did not rule on the merits of the allegations.Former prosecutors and defence lawyers told CBS News that using a criminal information in this manner was highly unusual. Some argued that the filing appeared designed to keep the case alive despite the approaching deadline.The Justice Department has defended the procedure, saying that filing a criminal information to pause the statute of limitations is a recognised practice that has been approved by multiple federal appeals courts.Two previous cases against ComeyThe latest action follows two earlier attempts to prosecute Comey.In September 2025, a federal grand jury indicted him on charges of lying to Congress and obstructing a congressional proceeding. The allegations centred on his testimony about whether he had authorised an FBI employee to act as an anonymous source. A judge dismissed the case in November 2025, ruling that the prosecutor who brought it had been improperly appointed.In April 2026, Comey was indicted in North Carolina over a social media post featuring seashells arranged to form the numbers “86 47”. Prosecutors alleged that the image constituted a threat against Trump, the 47th US president. Comey denied wrongdoing, saying he did not know the significance attributed to the numbers. That case remains pending.Comey’s lawyers have argued that the prosecutions are politically motivated and have sought to dismiss the North Carolina case on grounds including vindictive and selective prosecution.The former FBI director’s clashes with Trump date back to 2017, when the president fired him amid the FBI investigation into Russian interference in the 2016 US presidential election. Comey’s firing led to the appointment of special counsel Robert Mueller, whose investigation continued through much of Trump’s first term.The latest case also comes as a federal judge ruled on Monday that the administration had unlawfully fired Comey’s daughter, Maurene Comey, a former federal prosecutor in New York. The judge ordered her reinstatement and back pay after she challenged her dismissal.