US seeks new charges against former FBI chief James Comey
The US Justice Department has launched a third attempt to prosecute former FBI Director James Comey, accusing him of illegally disclosing national defense information in 2016.
Court documents unsealed on Monday reveal allegations that Comey directed a subordinate to share classified information with a journalist regarding a secret US surveillance order involving Yahoo. The order reportedly required Yahoo to scan emails for messages potentially linked to a foreign terrorist organization, issued by a secret intelligence court.
Previous Investigations
The allegations have already been investigated twice without charges. Federal authorities began examining the disclosure in 2017, with Prosecutor John Durham recommending against bringing criminal charges in December 2018. A second investigation, launched in 2019 under the code name "Tropical Vortex," was also closed without charges in February 2020.
Legal Battle
The Justice Department filed a "criminal information" in early October, shortly before the 10-year deadline for prosecuting the alleged offense. Unlike an indictment, a criminal information does not require approval from a grand jury or judge. Prosecutors say the filing allows them to extend the statute of limitations.
Both times the Government determined that no charges should be brought against anyone.
Comey's Response
Comey's lawyers dispute the government's interpretation of the filing, arguing that federal law explicitly requires an indictment within 10 years. They have asked a judge to dismiss the case, with a ruling still pending. Comey condemned the prosecution in a video posted on Substack.
Other Cases
This is the third criminal proceeding brought against Comey since Trump returned to the White House in January 2025. In September 2025, prosecutors charged him with making false statements to Congress and obstructing a congressional proceeding, but a federal judge dismissed the case. In April 2026, Comey was indicted again over an Instagram photograph showing seashells arranged to form the numbers "86 47."
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