In a video message posted on Substack, Comey called the charges an “appalling abuse of the Department of Justice” and said, “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.” His legal team has filed a motion to dismiss the case, arguing the 10-year statute of limitations for the alleged offense has expired and that the charges are politically motivated.

This is the third criminal case against Comey brought by the Trump administration. In September 2025, he was indicted for allegedly lying to Congress, but the case was dismissed after a judge ruled the U.S. attorney who brought the charges was unlawfully appointed. In April 2026, Comey was charged with threatening Trump’s life by posting a photo of seashells arranged to spell “86 47” on Instagram. He denies any wrongdoing in both cases.

The new charges relate to an alleged disclosure of classified information to The New York Times in October 2016. Comey’s attorney, Patrick Fitzgerald, stated that two separate U.S. Attorneys had investigated the matter over the past decade and both declined to prosecute. The motion to dismiss argues that the DOJ filed a faulty information under seal to extend the statute of limitations, which would have expired in October 2026.

The DOJ filed the information on October 5, 2026, and requested it be sealed to protect an ongoing investigation. Judge Trevor McFadden granted the request. However, Comey’s attorneys filed a motion to unseal the document, and the judge agreed. The filing is a criminal information, not an indictment, meaning it was not reviewed by a grand jury.

The timing of the charges—coming just hours after a federal judge ruled that Comey’s daughter, Maurene Comey, was unlawfully fired from her position as a federal prosecutor—has added to the perception of political targeting. The judge ordered her reinstatement and back pay, ruling her firing was based on her father’s political criticism of Trump and her perceived affiliations.

In addition to the new charges, Comey is also facing an ongoing indictment in North Carolina over the seashell Instagram post. His legal team continues to argue the DOJ is overreaching and that the charges are politically motivated.