James Comey, former FBI Director, testifies at a Senate hearing.DOJ Charges Comey a Third Time, Weeks Before Deadline
Left says
- •This marks the third attempt by the Trump administration to criminally charge a longtime political adversary, raising concerns about the weaponization of the Justice Department against perceived enemies.
- •The case was filed as a 'criminal information' rather than a grand jury indictment, bypassing the normal requirement that independent citizens find probable cause before charges proceed.
- •Two separate teams of career prosecutors examined this same 2016 leak allegation during the first Trump administration and both declined to bring charges, suggesting the case lacks merit and is being revived for political reasons.
- •The charges surfaced the same day a federal judge ruled the administration had unlawfully fired Comey's daughter, Maurene Comey, reinforcing a pattern of retaliation against the Comey family.
Right says
- •The DOJ maintains it followed a widely recognized legal practice of filing a criminal information to preserve the statute of limitations while the investigation continues, a method upheld by multiple circuit courts.
- •Prosecutors say they uncovered new evidence that Comey directed staff to speak with a New York Times reporter about a 2016 story, allegedly transmitting classified national defense information to someone not authorized to receive it.
- •Comey, as former FBI director, held a position of significant public trust, and allegations that he orchestrated the leak of national defense information warrant serious scrutiny regardless of his past clashes with the administration.
- •Attorney General Todd Blanche has emphasized that career law enforcement officials, not just political appointees, were involved in investigating the underlying conduct.
Common Take
High Consensus- This is the third time the Trump DOJ has sought criminal charges against James Comey since his 2017 firing as FBI director.
- The charges involve allegations that Comey was connected to a 2016 leak of information to a New York Times reporter regarding a Reuters article about Yahoo and email surveillance.
- Comey denies the allegations and his legal team has filed a motion to dismiss the case.
- The statute of limitations for the alleged 2016 conduct is a central legal issue in the case.
The Arguments
Left argues
This is the third attempt to criminally charge the same political adversary, and two separate teams of career prosecutors during the first Trump administration already examined this exact 2016 leak allegation and declined to bring charges, suggesting the case is being revived now for political reasons rather than new legal merit.
Right counters
The DOJ says it has uncovered new evidence—specifically that Comey directed staff to speak with a New York Times reporter about accuracy concerns—which is precisely the kind of development that can justify revisiting a previously declined case.
Right argues
Filing a criminal information to toll the statute of limitations while an investigation continues is a recognized and court-approved legal practice, not an invention created for this case, and Attorney General Blanche has stressed career law enforcement officials were involved in the underlying investigation.
Left counters
The use of a procedurally valid tool doesn't negate concerns about selective application; the question is why this particular decade-old leak, previously twice rejected by prosecutors, is suddenly being pursued against Trump's most prominent FBI critic just before the deadline expires.
Left argues
Bypassing a grand jury in favor of a criminal information filing denies the normal check of independent citizens finding probable cause before charges proceed, which matters especially in a case with such obvious political stakes.
Right counters
A criminal information used solely to preserve the statute of limitations does not foreclose a grand jury indictment later; it is a procedural safeguard against the clock running out, not a final bypass of due process.
Right argues
As former FBI director, Comey held an extraordinary position of public trust, and allegations that he orchestrated the leak of national defense information to a journalist deserve serious scrutiny on the facts, regardless of his political history with the administration.
Left counters
Serious scrutiny was already applied—twice—by independent career prosecutors who examined this same conduct years ago and chose not to charge it, which undercuts the claim that this is simply about following the facts rather than targeting a critic.
Left argues
The timing is suspicious: the charges became public the same day a federal judge ruled the administration had unlawfully fired Comey's daughter Maurene, fitting a broader pattern of apparent retaliation against the Comey family.
Right counters
Coincidental timing of unrelated court filings and rulings is common in a system with many moving parts and judges operating on independent schedules, and it should not be treated as proof of coordinated retaliation without direct evidence of intent.
Challenge Questions
These questions target genuine internal contradictions — meant to provoke honest reflection.
Right asks Left
“If the same leak allegation was investigated by two separate career prosecution teams who found insufficient evidence to charge, what specific new evidence would the left accept as legitimate grounds for prosecutors to reconsider, or is any renewed charge against Comey inherently illegitimate regardless of its factual basis?”
Left asks Right
“If filing a criminal information merely to preserve the statute of limitations is standard practice, why pursue it now for a decade-old leak that two prior prosecution teams already declined to charge, rather than during the many years the case could have been pursued under less politically charged circumstances?”
Outlier Report
Left Fringe
Figures like Glenn Kirschner and some MSNBC commentators go further than mainstream Democrats, framing this explicitly as authoritarian persecution and calling for broader institutional reforms to prevent DOJ weaponization; this represents roughly 15-20% of the left discourse, more vocal and conspiratorial than the median Democratic voter.
Right Fringe
Commentators like Dan Bongino and some Breitbart/Daily Caller contributors treat the case as self-evidently justified and minimize due process concerns, framing any criticism as partisan cover for Comey's alleged crimes; this represents about 15-20% of the right, more aggressive than mainstream GOP officials like some Senate Republicans who have expressed procedural concerns privately.
Noise Assessment
High noise ratio — this story is heavily amplified by partisan media and social media accounts on both sides, with most ordinary Americans likely having only passing awareness of the procedural details (criminal information vs. indictment) that drive much of the elite-level debate.
Sources (8)
The Trump administration is attempting to prosecute James Comey for what it calls a decade-old leak of classified information, an effort the former FBI director's lawyers immediately dismissed as invalid and outside the legal time limit for when the Justice Department can file a criminal indictment.
<p>Former FBI director<a href="https://www.axios.com/2026/03/19/comey-subpoena-conspiracy-trump" target="_blank"> James Comey</a> is facing new federal charges, according to a charging <a href="https://storage.courtlistener.com/recap/gov.uscourts.dcd.297298/gov.uscourts.dcd.297298.1.0.pdf" target="_blank">document</a> made public on Monday.</p><p><strong>Why it matters:</strong> The charges mark the third time the <a href="https://www.axios.com/politics-policy/donald-trump" target="_blank">Trump</a> administration has charged Comey. He has been a subject of the president's ire since his dismissal from the <a href="https://www.axios.com/2017/12/15/timeline-how-comey-got-fired-1513302168" target="_blank">first Trump administration</a> in 2017. </p><hr /><p><strong>Driving the news:</strong> Prosecutors allege Comey directed the disclosure of national defense information to a reporter through one or more co-conspirators in October 2016,<strong> </strong>while he was serving as <a href="https://www.axios.com/2017/12/15/trump-fires-comey-as-russia-probe-intensifies-1513302167" target="_blank">FBI director</a>.</p><ul><li>He is charged with participating in the transmission of national defense information and conspiracy to transmit national defense information. </li><li>The case has been ongoing under seal since early October. </li></ul><p><strong>What they're saying: </strong>A DOJ spokesperson told Axios that the case is an "ongoing criminal investigation" and declined to comment further. The White House referred Axios to the DOJ for comment.</p><p><strong>The other side: </strong>Comey's attorney Patrick Fitzgerald <a href="https://www.instagram.com/p/De-Q5TYPpu6/?hl=en" target="_blank">said</a> in a statement posted to Comey's Instagram account that the former FBI director "steadfastly maintains his innocence" and will fight the latest charges.</p><ul><li>Fitzgerald said the case concerns an Oct. 5, 2016, New York Times article that two separate teams of prosecutors investigated during Trump's first administration. Both teams decided not to bring charges, he said.</li><li>He also welcomed U.S. District Judge Trevor McFadden's decision to unseal the case.</li></ul><p><strong>Catch up quick:</strong> Trump <a href="https://www.axios.com/2017/12/15/james-comey-updates-and-reactions-1513302183" target="_blank">fired Comey</a> in 2017 amid the FBI's investigation into alleged Russian interference in the 2016 election.</p><ul><li>His dismissal led to <a href="https://www.axios.com/2019/02/26/muellers-appointment-valid-dc-circuit-court-rules" target="_blank">the appointment of Robert Mueller</a> as special counsel, tasked with uncovering any links to Russian interference in the election. </li><li>Mueller's investigation report — released in 2019 — documented extensive Russian interference in the 2016 election but did not establish a criminal conspiracy between Trump's campaign and Russia.</li></ul><p><strong>Zoom out:</strong> The charges were made public the same day as a <a href="https://www.axios.com/2026/10/26/trump-doj-illegally-fired-maurene-comey-prosecutor" target="_blank">federal judge ruled</a> that the Trump administration unlawfully fired Comey's daughter, Maurene Comey, a former federal prosecutor who worked on cases involving <a href="https://www.axios.com/2025/10/03/sean-diddy-combs-sentenced-prostitution-charges" target="_blank">Sean "Diddy" Combs</a> and <a href="https://www.axios.com/2026/09/18/epstein-files-vote-massie-khanna-support" target="_blank">Jeffrey Epstein</a>.</p><p><strong>Go deeper: </strong><a href="https://www.axios.com/2025/09/25/james-comey-trump-prosecution-history" target="_blank">What to know about James Comey and his history with President Trump</a></p><p><em>Editor's note: This story has been updated with additional details throughout.</em></p>
Comey's lawyers say the case stems from alleged disclosure of classified information to the New York Times in 2016.
<img src="https://www.theblaze.com/media-library/comey-charged-with-violating-the-espionage-act.jpg?id=68531457&width=1245&height=700&coordinates=223%2C49%2C173%2C382" /><br /><br /><p>Former Federal Bureau of Investigation Director James Comey said he was being charged by the Justice Department for the third time.</p><p>Comey is accused of violating the Espionage Act by leaking national defense information to a journalist in Oct. 2016.</p><p class="pull-quote">'I'm still lucky to have an amazing family and an incredible group of lawyers that will stand up in court and fight the latest and whatever comes after this.'</p><p>“Well, they’re back. Again. 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," Comey <a href="https://x.com/theblaze/status/2114836127798489317" target="_blank">said</a> in a video on social media.</p><p>"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," he added. "And I'm still lucky to have an amazing family and an incredible group of lawyers that will stand up in court and fight the latest and whatever comes after this." </p><p>He is being charged with two counts, one related to releasing the information to an unauthorized person and another for conspiring to do so.</p><p>"The Department filed a waiverless criminal information to toll the statute of limitations as it relates to allegations concerning former FBI Director Comey," a spokesperson for the DOJ <a href="https://www.foxnews.com/politics/james-comey-faces-new-doj-case-over-alleged-national-defense-disclosure" rel="noopener noreferrer" target="_blank">said</a>.</p><p>"Filing a criminal information to toll the statute of limitations is a widely recognized practice in federal court and has been approved by multiple Circuit Courts of Appeals," the spokesperson added.</p><p><strong>RELATED: </strong><a href="https://www.theblaze.com/news/james-comey-subpoenaed-in-grand-conspiracy-against-trump-report" target="_blank"><strong>James Comey subpoenaed in 'grand conspiracy' against Trump: Report</strong></a></p><p class="shortcode-media shortcode-media-youtube"> <span class="rm-shortcode" style="display: block; padding-top: 56.25%;"></span> </p><p>A previous charge against Comey of lying to Congress was dismissed, while a second charge related to an alleged threat to assassinate the president via a message formed by seashells is pending.</p><p>He has <a href="https://www.theblaze.com/news/comey-threat-shells-trump-probe" target="_blank">denied</a> threatening the president and said he didn't even know what the shells meant when he posted his photograph on social media. </p><p>"The next couple years are gonna be hard for all of us," he concluded in his video. "It's really important that we stand straight and keep the faith in America."</p><p><em>Like Blaze News? Bypass the censors, sign up for our newsletters, and get stories like this direct to your inbox. </em><em><a href="https://www.theblaze.com/newsletters/theblaze-articlelink" target="_self">Sign up here</a></em><em>! </em></p>
<p>Ex-FBI Director James Comey has been charged with federal crimes for actions he took in distributing national defense information to an individual not entitled to receive it, marking the third case filed by Department of Justice prosecutors against him.</p> <p>The post <a href="https://www.breitbart.com/politics/2026/10/26/ex-fbi-director-james-comey-charged-with-federal-crimes-in-new-case/" rel="nofollow">Ex-FBI Director James Comey Charged with Federal Crimes in New Case</a> appeared first on <a href="https://www.breitbart.com" rel="nofollow">Breitbart</a>.</p>
The DOJ took steps to charge James Comey with leaking information earlier this month, in its third attempt to bring criminal charges against the former FBI director and Trump foe.
The Department of Justice took steps to charge former FBI director James Comey for the third time on Monday. CBS News senior Justice Department reporter Sarah Lynch explains why the situation is so unusual.
James Comey Indicted Over Alleged National Security Leak To Reporter