Federal prosecutors have taken steps to charge ex-Federal Bureau of Investigation (FBI) Director James Comey with leaking national defence information, according to a court filing.
It marks the third time the justice department has moved to bring criminal charges against Comey, a longtime critic of President Donald Trump.
Few details are provided about the two counts in the three-page filing, but Comey’s lawyers said in separate court papers that the case stemmed from an alleged disclosure of classified information to the New York Times in October 2016, while he was head of the FBI.
Comey denied any wrongdoing in a video posted on Substack on Monday, calling the charges an “appalling abuse”.
“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,” he said in the clip.
“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.”
Comey was charged in Washington DC through a criminal information, which is a formal written charging document filed directly by a prosecutor.
This is different to a criminal indictment, which must be approved by a grand jury, a group of citizens sworn in to review if evidence is strong enough to prosecute.
Comey’s lawyer, Patrick Fitzgerald, said in a statement that two different teams of prosecutors had investigated the alleged disclosure to the New York Times a decade ago during the first Trump administration.
“Both times the Government determined that no charges should be brought against anyone,” he said.
The attorney said the court filing “purports to charge Mr Comey with crimes that he did not commit”.
His legal team has filed a motion to dismiss the charges.
Former federal prosecutor Glenn Kirschner told the BBC that the case may have exceeded the 10-year statute of limitations, giving the motion to dismiss the charges “a very good chance of being granted”.
Kirschner said it seemed like the charges against Comey were a “revenge-fuelled attempt by Donald Trump to have his Department of Justice find something that might stick”.
Jessica Levinson, law professor at Loyola University in Los Angeles, said that because the charges were still under seal, the details about what federal prosecutors are alleging were slim.
“We do have some examples of the Trump administration and the department of justice going after a variety of people who are his political enemies; we have very different outcomes in some of these cases, though,” she told the BBC World Service’s Newsday programme.
While other cases involving Comey have not moved forward, cases brought against other Trump adversaries have moved forward, Levinson noted.
Comey was fired by Trump during his first term, after the former FBI director opened an investigation into claims of Russian meddling in the US 2016 presidential election.
Since then, Trump has repeatedly called for his prosecution, and these charges are the administration’s third attempt to do so.
Comey was first indicted by a federal grand jury in September 2025 on charges that he had lied to Congress during testimony and obstructed a congressional proceeding.
