Federal prosecutors filed two criminal charges against James Comey over an alleged 2016 disclosure of sensitive national security information. A federal judge unsealed the case on October 26, 2026.
WASHINGTON, D.C. — October 27, 2026 | Midtown Tribune
The U.S. Department of Justice has filed two new criminal charges against former FBI Director James Comey, accusing him of unlawfully transmitting information related to national defense and conspiring with others to disclose protected government information.
The charges concern events allegedly occurring on October 5, 2016, when Comey was serving as FBI director under President Barack Obama, just weeks before the presidential election between Donald Trump and Hillary Clinton.
The case became public on October 26, 2026, after U.S. District Judge Trevor McFadden ordered the release of previously sealed court records.
According to the federal court’s October 26 memorandum order, prosecutors filed two criminal counts against Comey on October 5, 2026.
The allegations raise serious questions about the handling of sensitive national security information by senior federal law enforcement officials and their communications with the news media.
Two Federal Criminal Charges
The newly disclosed court documents identify two criminal counts.
Count One: Unauthorized Transmission of National Defense Information
Prosecutors accuse Comey of transmitting a sensitive document related to national defense to someone who was not legally authorized to receive it.
The charge cites 18 U.S.C. § 793(d), a federal statute governing the unlawful communication of national defense information.
Count Two: Conspiracy to Transmit National Defense Information
The second count accuses Comey of conspiring with other individuals, described in court documents as both known and unknown, to commit the alleged disclosure.
Prosecutors cite 18 U.S.C. §§ 793(d) and 793(g).
The charges involve conduct allegedly committed while Comey occupied one of the nation’s highest-ranking federal law enforcement positions.
Both counts remain allegations that the government must prove in court.
Alleged Leak to The New York Times
The prosecution centers on an October 2016 disclosure involving U.S. intelligence activities and a report published by The New York Times.
According to the government’s allegations, Comey directed FBI personnel to communicate information to a reporter concerning a classified intelligence matter.
The episode reportedly followed news coverage about Yahoo and its cooperation with U.S. intelligence authorities in scanning electronic communications for potential national security threats.
Prosecutors allege that Comey wanted FBI personnel to correct what they considered inaccurate reporting.
The government maintains that the resulting disclosure involved protected national defense information.
The central issue is whether the former FBI director authorized the unlawful transfer of sensitive material outside authorized government channels.
The distinction is important: government officials may communicate with journalists as part of their official responsibilities, but their authority does not automatically permit disclosures prohibited by federal national security laws.
Why the Charges Were Filed Ten Years Later
The timing of the new case is especially significant.
The alleged disclosure occurred on October 5, 2016.
The Department of Justice filed its charging document on October 5, 2026 — exactly ten years later.
Instead of initially obtaining an indictment from a federal grand jury, prosecutors filed what is known as a criminal information.
This is a formal charging document prepared by prosecutors without grand jury approval.
Comey’s attorneys argue that this procedure was legally insufficient to satisfy the applicable statute of limitations.
The defense maintains that federal law required a timely grand jury indictment and that prosecutors could not preserve the case merely by filing a criminal information.
The Justice Department disputes that interpretation, asserting that the procedure is legally recognized.
Because the charges are felonies and Comey has not waived his grand jury rights, prosecutors would ordinarily need to obtain an indictment before proceeding to trial.
Judge McFadden has not yet resolved the defense’s challenge.
Consequently, the case presents two separate questions:
- Did Comey unlawfully disclose national defense information?
- Did federal prosecutors initiate the case through a legally valid procedure before the statute of limitations expired?
The answer to the second question could determine whether the prosecution proceeds at all.
Federal Judge Orders the Case Unsealed
The Justice Department initially requested that the case remain sealed.
According to the court order, prosecutors cited concerns involving unnamed individuals, cooperating witnesses, and continuing criminal investigations.
Comey’s attorneys subsequently requested public access to the proceedings.
The government did not oppose unsealing.
On October 26, Judge McFadden granted the request, concluding that the prosecution of a former FBI director over actions allegedly taken while in office presented substantial public interest.
The judge directed the clerk to make the case public.
The official case number is United States v. James Brien Comey Jr., No. 1:26-cr-00229-TNM, in the U.S. District Court for the District of Columbia.
The court’s memorandum order confirms the filing date, the two criminal counts, and the decision to unseal the proceedings.
Third Federal Criminal Case Against Comey
The new charges represent the third federal criminal case brought against Comey since President Donald Trump returned to the White House.
September 2025: False Statements and Obstruction Charges
On September 25, 2025, a federal grand jury in Virginia indicted Comey on charges involving allegedly false statements and obstruction of a congressional proceeding.
The allegations related to his September 30, 2020, testimony before the Senate Judiciary Committee.
The Department of Justice announced that prosecution in an official September 25 press release.
The case was dismissed in November 2025 after a federal judge determined that the prosecutor who brought it had not been lawfully appointed.
The Justice Department challenged the dismissal.
April 2026: Charges Involving an Alleged Threat to Trump
On April 28, 2026, the Department of Justice announced another indictment against Comey.
A federal grand jury in North Carolina charged him over a May 2025 Instagram post displaying the numbers “86 47.”
Prosecutors alleged that the post could reasonably be interpreted as a threat against President Trump.
Comey disputed that interpretation.
The charges included threatening the president under 18 U.S.C. § 871(a) and transmitting a threat in interstate commerce under 18 U.S.C. § 875(c).
The case remains pending.
The allegations are detailed in the Justice Department’s April 28, 2026, announcement.
October 2026: Alleged National Defense Information Leak
The newest case concerns conduct allegedly dating to Comey’s tenure as FBI director in 2016.
Unlike the previous prosecutions, this case directly concerns the handling and disclosure of protected national defense information.
It also raises the question of whether individuals at the highest levels of federal law enforcement can be held criminally accountable for disclosures allegedly made through intermediaries.
Comey Denies the Allegations
Comey has denied wrongdoing and maintains that he is innocent.
His attorney, Patrick Fitzgerald, disputes the new charges and argues that his client did not commit the alleged offenses.
The defense also points to earlier federal investigations into the same alleged disclosure that did not result in criminal charges.
Comey’s attorneys are seeking dismissal of the new case, including on statute-of-limitations grounds.
No court has determined that Comey committed the alleged national defense information offenses.
Accountability at the Highest Levels of Federal Law Enforcement
The prosecution raises a broader issue concerning the accountability of senior government officials entrusted with classified and otherwise protected national security information.
The FBI director occupies a position of exceptional responsibility.
The office provides access to intelligence investigations, classified operations, sensitive surveillance capabilities, and information whose unauthorized disclosure could affect national security.
Federal law imposes restrictions on the transmission of certain national defense information, regardless of the seniority of the official possessing it.
The charges against Comey will test whether prosecutors can establish that he knowingly participated in an unlawful disclosure.
At the same time, the defense’s legal challenges will test whether the Justice Department complied with the constitutional and procedural requirements governing federal felony prosecutions.
The central question is straightforward: Can a former FBI director be held criminally responsible for allegedly directing the disclosure of protected national defense information to the media?
The prosecution says Comey’s actions violated federal law. His defense denies the allegations and challenges the legality of the case.
As of October 27, 2026, the charges have not resulted in a conviction, and Comey remains presumed innocent unless proven guilty beyond a reasonable doubt.
Official Sources and Court Documents
- United States v. James Comey — October 26, 2026, Federal Court Order (PDF) — Primary judicial document hosted by Courthouse News.
- U.S. Department of Justice — September 25, 2025, Comey Indictment Announcement
- U.S. Department of Justice — April 28, 2026, Comey Indictment Announcement
- U.S. House of Representatives — 18 U.S.C. § 793, National Defense Information
- PACER — Official Federal Court Records System — Case No. 1:26-cr-00229-TNM.
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