A federal filing accusing former FBI Director James Comey of disclosing national defense information to a reporter has opened a new legal dispute over conduct prosecutors say dates to 2016.
Prosecutors filed the three-page criminal information in Washington on Oct. 5, 2026, and it was unsealed Oct. 26. It charges Comey with transmitting national defense information and conspiring to do so. The docket lists the filing as Document 1 in case 1:26-cr-00229-TNM.
The information alleges Comey instructed an unidentified person to make a disclosure to a reporter on Oct. 5, 2016, with one or more co-conspirators involved. It says the alleged plan was in place by Oct. 4. The filing does not name the reporter, publication or alleged co-conspirators, or describe the information at issue.
The Associated Press reported that the U.S. Department of Justice told it the information was filed to toll a 10-year statute of limitations and described the practice as widely recognized. The department also said the investigation was ongoing and declined further comment.
Mediaite reported that Comey’s lawyer Patrick Fitzgerald said the case concerns a New York Times article published Oct. 5, 2016. He said the filing was not approved by a judge or issued by a grand jury. The public document does not name the article or outlet. Mediaite also reported Fitzgerald’s account that two teams of prosecutors had previously declined to bring charges.
In a video statement, Comey said, “Well, they’re back — again.” He added, “I’m still innocent.”
President Donald Trump removed Comey as FBI director on May 9, 2017. A separate 2025 indictment accused Comey of making false statements to Congress and obstructing a congressional proceeding; a judge dismissed it without prejudice on Nov. 24, 2025, after finding the prosecutor had been improperly appointed. In a separate North Carolina case, a grand jury indicted Comey on April 28, 2026, over an Instagram post showing seashells arranged as “86 47.”
