Court documents unsealed on Monday, Oct. 26, 2026, show that the Department of Justice is seeking to charge former FBI Director James Comey for allegedly disclosing sensitive national defense information. Comey is facing two counts of violating the Espionage Act related to the transmission of national defense information to unauthorized persons in October 2016.
The Justice Department filed the charges through an "information," a type of charging document typically used for defendants who intend to plead guilty. However, a spokesperson for the department stated that the document was filed in this instance to preserve the statute of limitations before it expires. The spokesperson added that the matter remains an ongoing criminal investigation.
Comey released a video statement on Instagram following the unsealing, maintaining his innocence and describing the charges as an abuse of the Department of Justice. His attorney, Patrick Fitzgerald, stated that Comey steadfastly maintains his innocence and has already petitioned a federal judge to dismiss the case.
This filing represents the third time the Trump administration has pursued criminal charges against the former director. Comey is already facing separate federal charges in North Carolina involving a social media post of seashells that the Justice Department characterized as a threat against President Trump.
The development occurred on the same day a federal judge ruled that the administration acted unlawfully in the July 2025 firing of Maurene Comey, James Comey’s daughter, from her role as a federal prosecutor. Judge Jesse M. Furman determined that the government’s claim that federal prosecutors could be removed at will contradicted nearly two centuries of Supreme Court precedent.
The scale of the case involves two specific criminal counts brought by the Department of Justice against one individual. If the case proceeds, it could set a precedent for how the executive branch manages the prosecution of former agency heads for actions taken while in office. The recent ruling regarding Maurene Comey’s dismissal also highlights a legal dispute between the administration and the Comey family over the employment rights of federal workers and the limits of presidential removal power.
A person following these developments would notice a shift in the legal focus toward decade-old actions by the former FBI head. The immediate impact is limited to the legal teams involved as they argue over the motion to dismiss, but a trial would involve the public examination of classified or sensitive defense information from the 2016 period.
The next steps in the case depend on a federal judge's ruling on Comey's motion to dismiss. While the information was filed to meet a statute of limitations deadline in October, a specific date for future hearings or a trial has not been reported. The Justice Department has declined further comment citing the active investigation.