Note that the new charges against Comey are brought in an information, not an indictment, which means DOJ bypassed the grand jury. The Constitution requires charging via grand jury unless the defendant consents to an information, which does not seem to have happened here.
Pat Fitzgerald, Comey's lawyer "This most recent case involves an October 5, 2016 New York Times article that two different teams of prosecutors investigated during the first Trump administration. Both times the Government determined that no charges should be brought against anyone. Now, ten years after the article was published, the Government filed an 'Information' against Mr. Comey that was not approved by a judge nor issued by a grand jury. It purports to charge Mr. Comey with crimes that he did not commit."