James Comey charged a third time, accused of transmitting national defense information in 2016

As of 9:10 a.m. ET, Oct. 27, 2026

Federal prosecutors have charged former FBI Director James Comey with transmission of national defense information and conspiracy to transmit national defense information, NBC News reported Monday, in what is the third federal criminal case brought against him since President Donald Trump's second term began.

The charges were filed Oct. 5 as a criminal information, a charge brought by prosecutors rather than a grand jury indictment, and the case played out under seal until U.S. District Judge Trevor McFadden of the District of Columbia unsealed it Monday, NBC reported. Comey has not been indicted in the case. He is accused, not convicted.

"Well, they're back again. It would almost be funny if it weren't such an appalling abuse of the Department of Justice, one that we cannot become numb to," Comey said in a video on Substack after the charges were made public, according to NBC. "Nothing's changed with me. I'm still innocent. I'm still not afraid of these people, and I still believe in the independent federal judiciary."

What prosecutors allege

The charges stem from an Oct. 5, 2016, New York Times article by reporter Charlie Savage headlined "Yahoo Said to Have Aided U.S. Email Surveillance by Adapting Spam Filter," NBC reported. Comey was FBI director at the time.

"The investigation has uncovered evidence that Mr. Comey directed staff to speak to Mr. Savage about specific accuracy concerns related to the Reuters article, and thereby illegally transferred classified information," Special Assistant U.S. Attorney Dustin Farahnak wrote in a filing unsealed Monday, according to NBC. Prosecutors say Comey sought to correct what they called misinformation published by Reuters the day before.

The time-limit fight

Comey's lawyers filed a motion to dismiss on Oct. 16, NBC reported. They argue both counts are based solely on an alleged disclosure on Oct. 5, 2016, exactly 10 years before the criminal information was filed, and that the case is "time barred" because the government had 10 years to bring it "by obtaining a grand jury indictment."

A Justice Department spokesperson said the filing was meant to "toll," or pause, the statute of limitations. "Filing a criminal information to toll the statute of limitations is a widely recognized practice in federal court and has been approved by multiple Circuit Courts of Appeals. This is an ongoing criminal investigation, and we will not comment further," the spokesperson said, according to NBC. Prosecutors maintain the charges are timely.

Comey cannot be tried on the information alone unless he waives indictment, NBC reported. Prosecutors would still need to seek an indictment, if the court permits it, before he could be arrested, arraigned and tried.

In unsealing the case, McFadden noted that the facts underlying the investigation "have been subject to considerable press coverage," NBC reported.

What the defense said

Comey attorney Patrick Fitzgerald said the article at issue was investigated by "two different teams of prosecutors" during Trump's first term and "both times the Government determined that no charges should be brought against anyone," according to NBC. "Mr. Comey will fight these charges vigorously and in the open," Fitzgerald said.

Greg Rosen, a former supervisor in the U.S. Attorney's Office for the District of Columbia who now works for a law firm, told NBC the filing was not routine and called it "vindictive." That is his view.

The other cases

An earlier case against Comey was dismissed by a judge, NBC reported. In a separate case, Comey was indicted on April 28 in North Carolina on charges that he made a threat against Trump by posting an image of seashells arranged to read "8647"; he has maintained his innocence, and that case is pending.

The unsealing came the same day a federal judge ruled that Comey's daughter, Maurene Comey, had been unlawfully fired from the Justice Department, which GROKsiNEWS.com reported separately.

What is not known

It is not known whether McFadden will dismiss the case on statute-of-limitations grounds, whether prosecutors will seek a grand jury indictment, or who the unnamed others referenced in the conspiracy count are. The Justice Department has not publicly released details of the classified information it says was disclosed.