The federal government filed a criminal information against former FBI director James Comey, charging him with two counts of violating the Espionage Act for allegedly sending national‑defence data to an unauthorised Times reporter in 2016. The filing, made under seal earlier this month, was unsealed Monday at the request of Comey’s legal team. It follows a 2016 New York Times exposé that linked Yahoo to U.S. email‑surveillance, prompting prosecutors to investigate whether Comey directed staff to discuss a Reuters report with a journalist.
Unlike a grand‑jury indictment, the criminal information is a direct filing by the Department of Justice that preserves the case before the ten‑year statute of limitations expires. Judge Trevor McFadden cited the public interest in a former FBI chief facing criminal charges when he ordered the documents opened to the public. The DOJ insists the move is a recognised procedural tool, while Comey’s lawyer argues it is an abuse that cannot extend the indictment deadline.
This is Comey’s third attempt at prosecution. In September 2025 a federal grand jury indicted him over false statements to Congress, a case dismissed in November 2025 after a judge ruled the prosecutor was improperly appointed. In April 2026 Comey was indicted in North Carolina for a social‑media post that prosecutors say threatened President Trump; that case remains pending.
The filing comes amid a broader legal battle that saw a federal judge order the reinstatement of Maurene Comey, the former FBI director’s daughter, after her unlawful dismissal as a federal prosecutor in New York. The judge also awarded her back pay, underscoring the contentious nature of the administration’s actions against the Comey family.
The DOJ now seeks to keep the prosecution alive until the statute of limitations lapses, setting the stage for a court hearing that could decide whether the criminal information will lead to charges or be dismissed. Comey’s lawyer has called the action an “appalling abuse” of the Justice Department, while the DOJ maintains that the case remains within legal bounds.