The U.S. Department of Justice has begun a new attempt at criminal prosecution of former Federal Bureau of Investigation Director James Comey. He is accused of illegally providing information related to national defense to journalists in 2016. This is already the third criminal case against the former FBI chief during Donald Trump's second presidency.

This was reported by CBS News and NBC News, citing court documents released on October 26.

According to U.S. prosecutors, Comey, while serving as FBI Director, arranged for classified information to be provided to a person who was not authorized to receive it.

The charges relate to events in October 2016. Investigators believe that Comey, through other individuals, directed an employee to give information related to national security matters to a journalist from a U.S. publication.

Case materials refer to an article in The New York Times from October 5, 2016. It concerned a secret U.S. court order regarding the scanning of emails by Yahoo as part of the fight against international terrorism.

Prosecutors assert that Comey wanted to correct inaccuracies in information published the day before by another outlet. However, during contact between FBI employees and the journalist, protected information was allegedly unlawfully disclosed.

Why a dispute arose over the statute of limitations

Prosecutors brought charges on two counts: illegal disclosure of national defense information and conspiracy to disclose it.

The relevant document was filed in federal court in Washington back on October 5, 2026 - ten years after the alleged offense. Initially, the materials remained sealed from the public.

However, the prosecution used a procedure for filing a charging document without prior approval from a grand jury - a so-called criminal information.

The Justice Department explained that this move was to stop the running of the ten-year statute of limitations while the agency prepares to obtain a formal indictment from a grand jury.

Comey's defense contests the legality of such an approach. Attorneys insist that to properly bring charges within the time limit, the prosecution had to obtain a decision from a grand jury.

They have asked the court to dismiss the case because of the expiration of the statute of limitations. A final ruling on this matter is still pending.

Comey's reaction and previous cases

The former FBI Director has denied all allegations. His lawyer Patrick Fitzgerald said that the circumstances of the possible information leak had already been investigated twice during Trump's first presidential term.

According to the defense counsel, both previous reviews ended with decisions not to bring criminal charges.

Comey himself called the new prosecution an abuse of power by the Justice Department and said that he continues to maintain his innocence.

This is the third attempt to hold the former FBI Director criminally liable under the current U.S. administration.

In September 2025, Comey was accused of making false statements to Congress and obstruction of justice. However, the court later dismissed the case, finding violations in the appointment of the prosecutor who initiated it. The Justice Department is appealing that ruling.

In April 2026, another case was opened against Comey over a social media post. The prosecution viewed the published image as a possible threat to Donald Trump. That case remains pending.

James Comey served as FBI Director from 2013 to 2017. Under his leadership, the bureau investigated Russian interference in the 2016 U.S. presidential election and possible contacts between Trump campaign officials and Russian counterparts.

In May 2017, Trump fired Comey. Since then, there has been a public feud between them, and the U.S. president has repeatedly called for the former FBI chief to be held to account.

Currently, the new charges remain subject to judicial review. A formal grand jury indictment in this case has yet to be issued, and Comey has not been proven guilty.

Based on materials from: CBS News, NBC News, U.S. Federal Court