Driving the news: Prosecutors allege that Comey ordered the release of national defense information to a journalist through one or more co-conspirators in October 2016, while he was director of the FBI.
- He is charged with participating in the transmission of national defense information and conspiracy to transmit national defense information.
- The case has been under seal since early October.
What they say: A DOJ spokesperson told Axios that this is an “ongoing criminal investigation” and declined to comment further. The White House referred Axios to the DOJ for comment.
The other side: Comey’s lawyer, Patrick Fitzgerald, said in a statement posted on Comey’s Instagram account that the former FBI director “strongly maintains his innocence” and will fight the latest charges.
- Fitzgerald said the case involves an Oct. 5, 2016, New York Times article that said two separate teams of prosecutors investigated during the first Trump administration. Both teams decided not to press charges, he said.
- He also praised U.S. District Judge Trevor McFadden’s decision to unseal the case.
Catch up quickly: Trump fired Comey in 2017 as part of the FBI’s investigation into alleged Russian interference in the 2016 election.
- His dismissal led to the appointment of Robert Mueller as special counsel, tasked with uncovering any links to Russian interference in the election.
- Mueller’s investigative report – released in 2019 – documented significant Russian interference in the 2016 election, but did not establish a criminal conspiracy between the Trump campaign and Russia.
Zoom out: The charges were made public the same day a federal judge ruled that the Trump administration illegally fired Comey’s daughter, Maurene Comey, a former federal prosecutor who worked on cases involving Sean “Diddy” Combs and Jeffrey Epstein.
Go further: What you need to know about James Comey and his history with President Trump
Editor’s note: This story has been updated with additional details throughout.
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