The U.S. Department of Justice has filed new federal criminal charges against former FBI Director James Comey, accusing him of unlawfully communicating national defense information and conspiring to leak sensitive material, according to court documents unsealed in U.S. District Court in Washington, D.C.
As reported by CNBC, this filing marks the third time federal prosecutors have brought criminal charges against Comey. The criminal complaint alleges that Comey knowingly disclosed protected defense records to a person unauthorized to receive them and worked "through one or more co-conspirators" to direct an unnamed intermediary to provide the defense materials to a reporter for a national news outlet.
The unsealing of the complaint occurred shortly after a separate federal court decision in New York determined that the Department of Justice acted unlawfully when it dismissed Comey's daughter, Maurene Comey, from her post as an assistant U.S. attorney for the Southern District of New York.
The Legal History Across Three Federal Cases
The new Washington, D.C. filing adds to two existing federal indictments against the former bureau chief. In April 2026, a federal grand jury in North Carolina indicted Comey over an alleged threat against President Donald Trump. That prosecution stems from a social media post showing seashells arranged as "86 47," which prosecutors argued served as coded phrasing suggesting violence against the 47th president. Comey has denied all wrongdoing in the North Carolina case and moved to dismiss the indictment.
Prior to that, in September 2025, a federal grand jury in Virginia charged Comey with obstruction and making false statements regarding his September 30, 2020 testimony before the Senate Judiciary Committee regarding authorized disclosures during the 2016 Clinton email investigation.
| Case Jurisdiction | Primary Charges | Central Allegation / Context | Status |
|---|---|---|---|
| U.S. District Court (D.C.) | Defense Information Disclosure, Conspiracy | Directing co-conspirators to disclose national defense material to the press | Criminal complaint filed |
| U.S. District Court (E.D.N.C.) | Threatening the President | Alleged coded seashell post reading "86 47" on social media | Motion to dismiss pending |
| U.S. District Court (E.D. Va.) | False Statements, Obstruction | Statements regarding media leaks during 2020 Senate testimony | Active federal proceeding |
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Procedural Context and Next Steps
In federal practice, an unsealed criminal complaint initiates proceedings that require the government to either secure an indictment from a grand jury or conduct a preliminary hearing. Defense attorneys in complex federal cases frequently challenge such filings through motions targeting government overreach, lack of jurisdiction, or insufficient evidence.
Under federal court procedure tracked through Court Records Reporting, Comey will be required to make an initial appearance in Washington, D.C., enter a formal plea, and establish a scheduling order for pretrial motions.
Frequently Asked Questions
What are the exact charges filed against James Comey in the new case?
Federal prosecutors have charged James Comey with knowingly communicating information relating to the national defense to a person not entitled to receive it, alongside a count of conspiring with others to violate federal disclosure laws.
How does a defendant get federal charges dropped or dismissed?
In federal criminal litigation, charges cannot be dropped online through an automated process. Dismissals require formal judicial motions filed by defense counsel demonstrating legal defects, evidentiary insufficiency, constitutional violations, or a formal motion to dismiss filed by the Department of Justice itself.
Does this case affect Comey's earlier indictments?
No. The Washington, D.C. complaint operates independently from the pending proceedings in North Carolina and Virginia. Each case proceeds under its own court calendar, grand jury findings, and presiding federal judge.
