Court records unsealed on Monday, Oct. 26, 2026, revealed that the Justice Department is pursuing two counts of violating the Espionage Act against former FBI Director James Comey. The charges, which mark the Trump administration's third attempt to prosecute Comey, involve transmitting and conspiring to transmit national defense information in October 2016.
The charges were brought through an "information," a charging document typically used for defendants who plan to plead guilty. However, a Justice Department spokesperson said the document was filed to preserve the statute of limitations before it expires. Comey has not been indicted by a grand jury or charged by a criminal complaint at this time, and the Justice Department described the matter as an ongoing criminal investigation.
In a video statement released on Instagram, Comey denied the allegations, calling the case an "appalling abuse" of the Department of Justice and stating he remains innocent. His attorney, Patrick Fitzgerald, said Comey "steadfastly maintains his innocence." Comey’s legal team has already petitioned a judge to dismiss the case.
The news came hours after a federal judge ruled that the Trump administration acted illegally in the 2025 firing of Comey’s daughter, Maurene Comey. Maurene Comey, who served as an assistant U.S. attorney for ten years, sued the Justice Department alleging her dismissal was based on her relationship to her father or her perceived political beliefs. Judge Jesse M. Furman rejected the government's argument that federal prosecutors could be removed at will, citing nearly two centuries of Supreme Court precedent.
For the public and federal employees, the case highlights the legal standards for handling sensitive documents and the procedures for prosecuting former officials. The related ruling regarding Maurene Comey affects the job security and legal rights of federal prosecutors, as the court determined they cannot be dismissed at will by the executive branch in violation of existing precedent.
The knock-on effects of these legal actions may influence future Department of Justice policy regarding the prosecution of former directors and the firing of career attorneys. Future steps include the judge’s decision on the motion to dismiss the charges against Comey and potential further appeals in the litigation involving Maurene Comey.