The Justice Department took steps this month to charge former FBI Director James Comey with leaking national defense information in 2016, according to court papers unsealed Monday, in a third criminal effort against him^1,2,3.

Prosecutors filed a criminal information alleging two counts of transmitting national defense information to a person not entitled to receive it, CBS News reported, rather than a grand-jury indictment¹. A department spokesperson said the filing was meant to preserve the statute of limitations and declined further comment on an ongoing investigation¹.

The papers focus on an October 2016 newspaper article about a surveillance order involving Yahoo, DW reported, and allege Comey directed staff to speak with a reporter to correct a prior Reuters account^1,2. Comey has not been arraigned on the new counts¹.

Comey’s attorney, Patrick Fitzgerald, said Comey “steadfastly maintains his innocence” and that earlier Trump-era reviews declined charges^1,2. In a video, Comey said he was “still innocent” and called the case an abuse of the department³.

A 2025 indictment accusing Comey of lying to Congress was thrown out over the prosecutor’s appointment, RTÉ reported, while a later case over an Instagram photo of seashells spelling “86 47” is still pending³.

The unsealing came hours after U.S. District Judge Jesse Furman ruled that the July 2025 firing of Comey’s daughter, former New York federal prosecutor Maurene Comey, was unlawful and ordered limited reinstatement and back pay^3,4. The Justice Department said it would appeal⁴.

What remains unknown is whether a grand jury will be asked to indict, how courts will treat the information’s effect on the limitations period, and how the Maurene Comey appeal will proceed^1,2,4.