Prosecutors Bypass Grand Jury to Charge Comey Over 2016 Leak

Federal prosecutors filed a three-page criminal information on Monday seeking to charge former FBI Director James Comey with leaking national defense information. The filing initiates the third distinct legal action by the Justice Department against Comey, a vocal critic of President Donald Trump. The document was filed in Washington, D.C., and outlines two counts related to an alleged disclosure made in October 2016.

Comey’s legal team asserts the case originates from a specific release of classified details to the New York Times during his tenure as FBI head. Patrick Fitzgerald, Comey’s attorney, stated that two separate prosecution teams had previously examined the incident under the first Trump administration. Fitzgerald noted that both teams concluded no charges should be filed at that time. His team has submitted a motion to dismiss the current charges, arguing the government is pursuing crimes Comey did not commit.

Comey responded to the news via a video posted on Substack, where he labeled the new action an appalling abuse of the Justice Department. He maintained his innocence and expressed confidence in the independent federal judiciary. The former director stated that he remains unafraid of the officials prosecuting him. This latest charge follows a pattern of legal scrutiny that began after Trump fired Comey in 2017 over the Russia investigation.

The procedural mechanism for this charge differs from previous attempts. Prosecutors used a criminal information, which is filed directly by an attorney, rather than a grand jury indictment. A grand jury requires citizen review of evidence strength before approval. Former federal prosecutor Glenn Kirschner told the BBC that the case may have passed the 10-year statute of limitations. He suggested the timing offers a strong chance for the dismissal motion to succeed, describing the effort as a revenge-fueled attempt to find a sticking charge.

This case coincides with the ongoing legal battle from April 2026, when Comey surrendered to face charges over a social media image. Prosecutors alleged a photo of seashells arranged to read 86 47 encouraged violence against the 47th president. Comey denies knowing the slang meaning of the numbers and accuses the prosecution of political motivation. That case remains active while the new leak charges proceed in parallel.

The timing of the filing aligns with a separate federal court ruling involving Comey’s family. On the same day the new charges were made public, a judge ordered the Justice Department to reinstate Maurene Comey. The ruling declared her July 2025 termination as a federal prosecutor in New York illegal. The judge mandated that the Trump administration provide her with back pay. The decision cited unlawful dismissal based on her father’s status and her perceived political affiliations.