According to court documents filed earlier this month and unsealed on Monday, federal prosecutors are accusing Comey of “willfully” mishandling information related to national defense in October 2016, resulting in the information appearing in media reports.
The inquiry is the latest attempt to prosecute Comey, who is a prominent critic of President Donald Trump. Trump fired Comey in 2017 while Comey was leading the FBI investigation into potential ties between Trump’s 2016 presidential campaign and Russia. The first Trump Administration cited a memo related to Comey’s handling of the FBI investigation into Democratic presidential candidate Hillary Clinton’s emails. Since then, Trump has publicly called for criminal investigations into Comey and celebrated the indictments he’s faced.
“They’re back, again,” Comey said. “It would almost be funny if it weren’t such an appalling abuse of the Department of Justice, one that we cannot become numb to.”
Comey’s attorneys argued in court filings that the alleged leaks had already been investigated twice during the first Trump Administration in 2017 and 2019, and neither had resulted in charges.
According to court documents, prosecutors allege that around Oct. 4 and 5, 2016, Comey directed FBI staff to speak with the New York Times “about specific accuracy concerns” related to “misinformation which had appeared” in a Reuters report about Yahoo’s cooperation with U.S. surveillance.
The Times article had described how Yahoo had adapted its existing email filtering system, used to detect spam, malware, and child sexual abuse material, to comply with a secret surveillance order to search messages for a computer “signature” associated with communications by a foreign, state-sponsored terrorist organization. The article said the Justice Department had obtained the order from a Foreign Intelligence Surveillance Court judge in 2015 and that Yahoo was barred from disclosing it.
Comey’s lawyers argued in a motion to dismiss the case that the Trump Administration did not file an indictment within the 10-year statute of limitations. On Oct. 5, prosecutors filed the charges in a criminal information under seal in Federal District Court in Washington, which does not require approval from a grand jury or a judicial finding of probable cause, but have not obtained an indictment.
Previous charges against Comey
Comey was also indicted in April over allegedly making a threat against Trump by posting on Instagram a photograph of seashells on a North Carolina beach arranged to spell “86 47.” Prosecutors argued that the arrangement was intended as a threat “to kill” Trump, who is the 47th President. Comey, who deleted the post after initial backlash, said he did not intend the photograph to be a threat against Trump, and that he understood the numbers to be a “political message.” The numbers “86” have commonly been used to mean “to throw out” or “to refuse service to,” according to Merriam-Webster, but have also been used in some instances to mean “to kill.”
Earlier on Monday, a federal judge in New York ruled that the Justice Department had unlawfully fired Comey’s daughter, Maurene Comey, in July 2025. The judge ordered her retroactive reinstatement with back pay, concluding that the Trump Administration had violated the Constitution and federal law by claiming the President had executive authority to fire civil servants.
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