Ex-FBI chief James Comey faces federal charges for third time

Federal prosecutors have taken steps to charge ex-Federal Bureau of Investigation (FBI) Director James Comey with leaking national defence information, according to a court filing.

Few details are provided about the two counts in the three-page filing, but Comey's lawyers said in separate court papers that the case stemmed from an alleged disclosure of classified information to the New York Times in October 2016, while he was head of the FBI.

"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," he said in the clip.

Comey was charged in Washington DC through a criminal information, which is a formal written charging document filed directly by a prosecutor.

This is different to a criminal indictment, which must be approved by a grand jury, a group of citizens sworn in to review if evidence is strong enough to prosecute.

Comey's lawyer, Patrick Fitzgerald, said in a statement that two different teams of prosecutors had investigated the alleged disclosure to the New York Times a decade ago during the first Trump administration.

The attorney said the court filing "purports to charge Mr Comey with crimes that he did not commit".

Former federal prosecutor Glenn Kirschner told the BBC that the case may have exceeded the 10-year statute of limitations, giving the motion to dismiss the charges "a very good chance of being granted".

Kirschner said it seemed like the charges against Comey were a "revenge-fuelled attempt by Donald Trump to have his Department of Justice find something that might stick".

Jessica Levinson, law professor at Loyola University in Los Angeles, said that because the charges were still under seal, the details about what federal prosecutors are alleging were slim.

"We do have some examples of the Trump administration and the department of justice going after a variety of people who are his political enemies; we have very different outcomes in some of these cases, though," she told the BBC World Service's Newsday programme.

Comey was fired by Trump during his first term, after the former FBI director opened an investigation into claims of Russian meddling in the US 2016 presidential election.

Comey was first indicted by a federal grand jury in September 2025 on charges that he had lied to Congress during testimony and obstructed a congressional proceeding.

In April 2026, Comey surrendered to authorities to face charges alleging that an image he briefly shared on social media posed a threat to Trump's life.

"Eighty-six" is a slang term for "get rid of", and prosecutors allege it encourages violence against Trump, the 47th president.

The latest charges against Comey were made public the same day a federal judge ruled the justice department illegally fired his daughter, Maurene Comey.

The judge ruled on Monday that the Trump administration must reinstate her and that she must be given back pay.