Third criminal case filed against Comey

The U.S. Department of Justice has brought criminal charges against former FBI Director James Comey for the third time. The new case centers on allegations from a decade ago regarding the disclosure of sensitive government information.

Court documents filed this afternoon detail two criminal counts against Comey. Prosecutors allege he directed FBI staff to speak with a reporter for The New York Times. This interaction allegedly led to the publication of an article on October 5, 2016, about U.S. email surveillance.

The incident occurred while Comey still served as FBI director. The Justice Department says his actions constituted an illegal leak of sensitive information and a conspiracy to disclose that information.

Comey’s attorneys argue the case is legally flawed because of timing. They note that the 10-year statute of limitations for this type of offense expired on October 5 of this year. Prosecutors filed the charges on that exact date using a criminal information rather than a grand jury indictment.

A criminal information is a charging document filed by a prosecutor without a grand jury vote. Comey’s legal team has filed a motion to dismiss the case. They argue that because the government did not use a grand jury, the legal window to bring charges had already closed.

The government disagrees with this interpretation. A federal judge has not yet ruled on the motion to dismiss. Legal experts describe the maneuver to file charges just before the deadline using an information as unusual for a case of this profile.

Comey’s lawyers point out that this specific incident was previously investigated by two separate U.S. attorneys. Both prosecutors declined to bring charges at that time. Now, the Justice Department in the second Trump administration is pursuing the matter.

The case was unsealed to the public this afternoon. However, the Justice Department had been working on the charges behind closed doors for three weeks. The legal battle over the filing date and method has played out in court since early October.

James Comey responded to the news with a statement posted on Instagram. He called the action an appalling abuse of the Department of Justice. He stated that he remains innocent and is not afraid of the people prosecuting him. He also expressed continued belief in the independent federal judiciary.

This is the third criminal case brought by the Trump Justice Department against Comey. The first case involved alleged false statements and obstruction tied to congressional testimony. A court tossed that case out. The second case involves alleged threats against President Trump connected to a photo of seashells Comey posted on social media. Comey is challenging that case as well, arguing he is being selectively prosecuted due to his criticism of the president.