DOJ takes steps to charge James Comey again

Key points

• The Justice Department filed a criminal information against James Comey seeking two Espionage Act counts over alleged leaking of national defense information.
• Comey has not been indicted or charged by complaint, and the filing was made to preserve the statute of limitations before it expires.
• Former prosecutors told CBS News the use of a criminal information this way is highly unusual, and Comey says he remains innocent and unafraid.

The Justice Department has taken steps to charge former FBI director James Comey with leaking classified information, court records show. Prosecutors are seeking two counts of violating the Espionage Act by transmitting national defense information to a person not entitled to receive it. It is the department's third attempt to bring criminal charges against Comey, a longtime foe of President Trump.

Comey has not been indicted by a grand jury or charged by criminal complaint. Instead, prosecutors used a criminal information filing. A Justice Department spokesperson said the filing was made to preserve the statute of limitations before it expires, adding that "this is an ongoing criminal investigation, and we will not comment further."

What the filing alleges

According to court filings, the case stems from allegations that Comey gave national defense information to an unnamed individual for disclosure in a newspaper in October 2016. The filings cite a New York Times article published Oct. 5, 2016, that cited two unnamed government officials speaking on condition of anonymity.

The department alleges it has evidence Comey sought to correct misinformation that had appeared in Reuters the day before and that he directed staff to speak with the Times reporter about the accuracy of the Reuters article.

this is an ongoing criminal investigation, and we will not comment further.

— a Justice Department spokesperson

Legal fight and prior cases

The criminal information was filed under seal in early October and unsealed Monday by U.S. District Judge Trevor McFadden at Comey's request. Comey's lawyers argued the filing was an attempt to extend the statute of limitations, which they say applies to indictments. The government said no indictment has been returned and the filing was proper.

Comey's attorney, Patrick Fitzgerald, said Comey "steadfastly maintains his innocence." Comey said in a video statement that he is "still innocent" and "still not afraid of these people." Two earlier investigations into the 2016 disclosure ended without charges, and a 2025 indictment accusing Comey of lying to Congress was dismissed.