James Comey: Prosecutors Skip Grand Jury in Third 2016 Leak Charge

Federal prosecutors filed a three-page charging document on Monday accusing former FBI Director James Comey of leaking national defense information. The filing marks the third time the Justice Department has moved to bring criminal charges against Comey, a prominent critic of President Donald Trump. The new case stems from an alleged disclosure of classified details to The New York Times in October 2016.

The prosecution used a criminal information rather than a grand jury indictment. This procedural choice allows a prosecutor to file charges directly without citizen review. Comey’s legal team argues this approach bypasses standard checks on the strength of the evidence. Patrick Fitzgerald, Comey’s lawyer, stated in a court filing that two separate teams of prosecutors had previously investigated the same 2016 disclosure.

Fitzgerald noted that both prior investigations concluded no charges should be brought against anyone. He described the new filing as an attempt to charge Comey with crimes he did not commit. The legal team has filed a motion to dismiss the case. They argue the government waited too long to act, potentially exceeding the ten-year statute of limitations for the alleged offense.

Glenn Kirschner, a former federal prosecutor, told the BBC the dismissal motion has a strong chance of success. He characterized the charges as a revenge-fueled attempt by the administration to find a case that might stick. Comey responded to the news in a video posted on Substack, calling the charges an appalling abuse of the department. He said he remains innocent and not afraid of his prosecutors.

The timing of the filing coincided with a federal judge’s ruling on a related employment dispute. The judge ordered the Justice Department to reinstate Maurene Comey, James Comey’s daughter. She lost her position as a federal prosecutor in New York in July 2025. The court found her firing illegal and ordered the government to provide back pay.

This is the third major legal battle between Comey and the Trump administration. In September 2025, a grand jury indicted Comey on counts of lying to Congress and obstructing a congressional proceeding. He pleaded not guilty the following month. That case was dismissed in November 2025 after the initial plea.

A second case is currently ongoing. In April 2026, Comey surrendered to authorities to face charges related to a social media post. Prosecutors alleged an image he shared in 2025 posed a threat to the president’s life. The post featured seashells arranged to read 86 47, a slang term for getting rid of the 47th president. Comey denies knowing the meaning of the numbers.

Comey was fired by Trump during his first term after opening an investigation into Russian meddling in the 2016 election. Trump has repeatedly called for Comey’s prosecution since then. The latest charging document was filed in Washington, D.C. It includes two counts, though few specific details about the alleged leak were provided in the initial paperwork.

The case adds to a pattern of legal actions against the former director. Each new filing has faced procedural scrutiny from his defense team. The current motion to dismiss centers on the age of the charges. If granted, it would end the third attempt to hold Comey criminally liable for his actions during his tenure as FBI head.