Trump Administration Attempts to Prosecute James Comey for Third Time Over Alleged 2016 Leak

• Comey faces a new accusation.
• The former director denies the charges.
• His defense team is asking that the case be dismissed.

The U.S. Department of Justice has launched a third attempt to criminally prosecute former FBI Director James Comey, a critic of President Donald Trump. The new case accuses him of transmitting information related to national defense and conspiring to disclose it to a New York Times journalist in October 2016.

The judicial document was filed under seal on October 5 and was made public this Monday, October 26. Comey denies having committed any crimes, and his legal team has already asked a judge to dismiss the case.

Why the Department of Justice Presented the Case Now

The Trump Administration is attempting to prosecute former FBI Director James Comey for the third time.
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— EFE News (@EFEnoticias) October 26, 2026

The prosecution presented a document known as a criminal information, which contains two charges and was used in an attempt to avoid the expiration of the 10-year statute of limitations. The Department of Justice defended the procedure as a recognized practice in federal courts and noted that the investigation is still ongoing. Comey’s lawyers argue that the statute of limitations has already expired and question whether the document, without a grand jury indictment, can stop the expiration. The defense also claims that the facts had already been investigated on two occasions without charges being brought against the former official.

The First Case Against Comey Was Dismissed

The new case adds to two other processes driven by the Department of Justice since Trump’s return to the White House in 2025. In September of that year, Comey was accused of making false statements to Congress and obstructing a legislative procedure. The case was related to his testimony about the FBI’s investigation into possible links between Trump’s 2016 campaign and Russia. A judge dismissed the accusation in November 2025, concluding that the federal prosecutor in charge had been appointed illegally.

The Shell Photo That Originated Another Process

In April 2026, a grand jury in North Carolina indicted Comey for an Instagram post showing shells arranged with the figure «8647». Federal prosecutors interpreted the image as a threat against Trump, the 47th President of the United States. Comey deleted the photo and claimed he did not intend to promote violence. The process for that publication is still pending.

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The new accusation for the alleged disclosure of defense information is a separate case and refers to events that occurred almost a decade earlier.

The Relationship Between Trump and the Former FBI Director

Comey directed the FBI between 2013 and 2017. Trump fired him during his first term, while the agency was investigating Russian interference in the 2016 elections. Since then, the former director has become a public critic of the president and has questioned the actions of his administration. His lawyer, Patrick Fitzgerald, assured that the new document attributes crimes to Comey that he did not commit. The former director also publicly reiterated that he is innocent.

Now it will be up to the court to evaluate the defense’s request to dismiss the case and the arguments of both parties regarding the statute of limitations.

SOURCE: EFE, telemundo51