James Comey Charged Again: DOJ Alleges Leak of National Defense Information

• by Shimanta Das
• October 28, 2026

Former FBI Director James Comey was criminally charged by the Justice Department for a third time on Monday, marking an extraordinary effort by the Trump administration to prosecute one of the president’s biggest political enemies. According to a newly unsealed court filing, Comey is accused of transmitting national defense information and conspiring to transmit national defense information while serving as FBI director in October 2016. The charges remained under seal until Monday, when the Justice Department alleged that Comey directed an unnamed person to disclose national defense information to a news reporter.nnThe latest charges concern a 2016 New York Times article titled “Yahoo Said to Have Aided U.S.” published on October 5, 2016. Prosecutors allege that Comey broke the law by directing FBI staff to leak information to a New York Times reporter for that article. This development follows a month of legal battles behind closed doors over the Department of Justice’s ongoing investigation into Comey’s alleged mishandling of classified information dating back more than a decade. However, a subsequent update clarified that James Comey was not indicted, despite the charges filed.nnComey has not publicly commented on the latest charges, but in a previous statement he said, “It’s really important that we stand straight and keep the faith in America.” The case has drawn intense political scrutiny, with critics accusing the Trump administration of weaponizing the Justice Department against its adversaries. The unsealed records reveal that prosecutors are pursuing a rare legal theory: that Comey’s directive to disclose information to a reporter amounted to a conspiracy to transmit national defense information.nnThe timing of the charges—just weeks before the 2026 midterm elections—adds another layer of controversy. Legal experts suggest that the case may face significant hurdles, as prosecutions for leaking national defense information are uncommon and often raise First Amendment concerns. The Justice Department has not commented beyond the court filings. As the legal fight continues, the spotlight remains on Comey, whose tenure as FBI director has been marked by high-profile controversies. For now, the former FBI chief maintains his innocence and vows to fight the charges. This story has been updated to reflect that James Comey was not indicted