The Justice Department has charged former FBI Director James Comey for a third time, accusing him of transmitting national defense information and conspiring to do so, according to NBC News.
NBC News reported that federal prosecutors charged Comey with transmission of national defense information and conspiracy to transmit national defense information. Fox News reported in a post on X that the new federal case stems from a 2016 incident and marks the third time the Justice Department has charged Comey under President Donald Trump.
BREAKING: Former FBI Director James Comey has been charged with retaining national defense documents stemming from a 2016 incident, according to a new federal case.
It marks the third time the DOJ has charged Comey under President Trump. pic.twitter.com/fbkZlAWioW
— Fox News (@FoxNews) October 26, 2026
A case kept under seal
According to NBC News, the case has played out under seal since Oct. 5, and Comey’s defense attorneys filed a motion to dismiss the charges last week. Comey has not been indicted by a grand jury in the new case, NBC News reported.
The details of what information was allegedly shared, and with whom, had not been fully laid out in the initial public reporting on Monday afternoon.
Third attempt to charge Comey
Comey was previously indicted in North Carolina on charges tied to a May 2025 Instagram photo of seashells arranged to read “86 47,” Fox News reported, and he has vowed to fight those charges in court.
Fox News reported that prosecutors in the seashell case allege the May 2025 post would be read by a reasonable person as a serious expression of intent to harm the president. Comey has previously described the image as a “cool shell formation” he saw on a beach walk, according to Fox News. His attorney, Patrick Fitzgerald, told Fox News Digital that Comey “vigorously denies” those charges.
Leak probe was reported months ago
The new charge follows reporting earlier this year that federal prosecutors were reviving an investigation into alleged leaks of classified information. The Washington Examiner, citing Bloomberg, reported in April that prosecutors in the Eastern District of Virginia were examining Comey’s handling of sensitive materials and his dealings with Daniel Richman, a longtime confidant who received documents that later informed media reporting.
It is not yet clear from public reporting whether the new case involves the same material described in those April reports.
Longtime Trump target
NBC News noted that Comey has been a longtime Trump target since he opened the FBI investigation into Russian interference in the 2016 election.
For Trump supporters who have long argued that Comey’s FBI played politics in 2016, the case marks another attempt by the Justice Department to hold the former director to account. A criminal charge is an accusation, not a conviction, and Comey is presumed innocent unless proven guilty in court.
Sources
- NBC News: James Comey charged for a third time by the Trump administration
- Fox News on X
- Fox News: James Comey indicted again as DOJ probe deepens
- Washington Examiner: DOJ weighs new classified leak charges against Comey
Sources cited
- https://www.nbcnews.com/politics/justice-department/former-fbi-james-comey-charged-third-time-trump-national-security-rcna342963
- https://www.foxnews.com/live-news/james-comey-indicted-again-as-doj-probe-deepens-into-ex-fbi-chief
- https://www.washingtonexaminer.com/news/justice/4550485/doj-weighs-classified-leak-charges-comey-legal-pressure-builds/
Sources
- Original post: Fox News (@FoxNews) on X, Oct 26, 2026
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