DOJ files third set of charges against James Comey over a 2016 New York Times story (update, Oct. 26, 2026)

Case

Court papers unsealed Oct. 26, 2026 show the Justice Department charged former FBI Director James Comey, by criminal information rather than grand jury indictment, with two counts of unlawfully communicating national defense information tied to an Oct. 2016 New York Times article. It is the third prosecution of Comey in about 13 months. Comey calls it an abuse of the department and has moved to dismiss, citing the statute of limitations and earlier declinations; the charges are allegations and he is presumed innocent.

What the charging papers allege (unsealed Oct. 26, 2026)
A federal judge unsealed the charging document on Oct. 26, 2026 at Comey's request. It accuses him of two counts of transmitting, and conspiring to transmit, information related to national defense.
The papers allege Comey, through one or more co-conspirators, directed an individual to share national defense information with a reporter, identified in other court documents as at The New York Times. The conduct dates to early October 2016 and concerns an Oct. 5, 2016 article on Yahoo email scanning.
Prosecutors proceeded by criminal information filed under seal in the District of Columbia on Oct. 5, 2026, a route that does not require a grand jury or a probable-cause finding. No indictment has been obtained.
TIME and Al Jazeera both call it the third set of charges against Comey in about 13 months.

Defense response and earlier cases
Comey posted a Substack video saying it "would almost be funny" if not for an "appalling abuse of the Department of Justice," that he is innocent, and that he is not afraid of "these people."
Comey has moved to dismiss. His lawyers argue the 10-year statute of limitations has run and that the same alleged leak was investigated in 2017 and 2019, during Trump's first term, without charges.
Earlier cases: the Sept. 2025 false-statements indictment was dismissed in Nov. 2025 because the prosecutor, Lindsey Halligan, was unlawfully appointed. An April 2026 indictment over a seashell "86 47" post is pending, with trial set for Feb. 2027 per TIME.
Al Jazeera reports that on the same day a federal judge ruled Comey's daughter Maurene Comey was unlawfully fired from the Manhattan U.S. attorney's office; she alleges retaliation tied to her father.

Perspectives

Official position — Justice Department (as reflected in the charging papers)
The department's position, as stated in the charging papers, is that Comey knowingly and willfully caused national defense information to be given to a reporter not entitled to receive it. In other pending Comey and critic cases, DOJ and Attorney General Todd Blanche have said these are ordinary law-enforcement matters ("We don't do political paybacks"). No separate DOJ statement on this filing was found in the coverage read.

Defender — James Comey and his lawyers
Comey calls the charges an abuse of the Justice Department and expects more. His lawyer Pat Fitzgerald says the government twice investigated and declined to charge, filed without a judge's or grand jury's approval, and that the statute of limitations has expired. A motion to dismiss is pending.

Research notes
Draft for the author's review. Not verified: the specific statute charged, the DOJ's own public statement (none found in the coverage read), and the judge assigned (Al Jazeera says Judge Trevor McFadden; TIME does not name a judge). Fresh item, 24 hours old, so details may change.

Note
DOJ's charging papers allege a leak of national defense information; Comey says the charges are political retribution, and his lawyers say two earlier investigations declined to charge and the 10-year limit has run.

Sources
[1] Al Jazeera — Former FBI director James Comey hit with third set of charges under Trump (https://www.aljazeera.com/news/2026/10/26/former-fbi-director-james-comey-hit-with-third-set-of-charges-under-trump) · 2026-10-26
[2] Yahoo News — Comey reacts to new charges (https://yahoo.com/news/politics/articles/comey-reacts-charges-funny-weren-224636905.html) · 2026-10-26
[3] TIME — Justice Department Files More Charges Against James Comey (https://time.com/article/2026/10/27/james-comey-justice-department-charges-media-leaks/) · 2026-10-27

Connections

Related — Federal prosecutions and investigations of Trump critics and opponents since 2025: Comey, James, Bolton, Brennan, Schiff, Cook, Lucas and others (status as of Oct. 25, 2026)
Update to the published synthesis (status as of Oct. 25): a new Comey prosecution filed Oct. 5 and unsealed Oct. 26.