Comey's third criminal case centres on an alleged 2016 disclosure
· BehindLines newsroom
The US Justice Department has opened a further criminal case concerning James Comey, who previously led the FBI. It alleges that he disclosed national defence information. NBC News, relayed by KYMA, and AP, carried by ABC7 Chicago, identify it as the third prosecution brought against him since Donald Trump returned to the White House. Comey rejects the allegations and is presumed innocent.
The allegation and its origins
NBC News, via KYMA, reports two counts. ABC News places the alleged transfer of classified material in October 2016, when Comey was leading the FBI. Prosecutors say the recipient was the New York Times.
ABC News links the disputed disclosure to a newspaper report about a secret surveillance order involving Yahoo. Prosecutors allege that Comey asked a member of staff to contact a Times reporter to correct information Reuters had published the day before. That account describes the prosecution's allegation, rather than a finding of guilt.
A dispute over the filing deadline
The proceedings began with a document called a “criminal information”, which a prosecutor files directly, without seeking a grand jury's approval. ABC News dates the filing to early October. Prosecutors invoke a ten-year limit; ABC News reports that the defence argues for the ordinary five-year limit.
Prosecutors argue that their filing extends the available time. Comey's lawyers also argue that, even within ten years, the law required a grand jury indictment, and have asked the court to dismiss the case. A judge has yet to decide that dispute.
AP, carried by ABC7 Chicago, reports defence lawyer Patrick Fitzgerald's statement that earlier investigations, opened in 2017 and 2019, both ended without criminal charges. According to NBC News, relayed by KYMA, Comey criticised the Justice Department's actions and maintained his innocence in a video posted on Substack.
Two separate earlier proceedings
Comey was first indicted in September 2025 over alleged false statements to Congress and obstruction. That case was dismissed in November. ABC News, in its report of 24 November 2025, attributes the dismissal to the unlawful appointment of the prosecutor who brought it.
A second prosecution, initiated in April 2026, concerns an Instagram photograph of shells arranged as “86 47”. Prosecutors interpret it as a threat against the president. Comey denies that allegation, and those proceedings remain ongoing.