Comey Prosecution: DOJ Files Third Charge to Halt Statute of Limitations
Federal prosecutors filed a criminal information in October to preserve a case alleging the former FBI director shared classified details with a reporter in 2016.
By Layla Petrov ·
The US Justice Department filed a criminal information in Washington federal court to preserve a third prosecution against former FBI Director James Comey. The filing, made public on Monday, seeks to stop the 10-year statute of limitations for alleged national defense information offenses from expiring.
The document charges Comey with transmitting and conspiring to transmit national defense information. It alleges he shared classified material with a New York Times reporter in October 2016. The department filed the information on October 5, but it remained sealed until Comey’s legal team requested its unsealing this week.
Comey faces this new charge alongside two prior cases. The Department of Justice previously accused him of lying to Congress about media leaks and threatening President Donald Trump in a social media post. A judge dismissed the false statements case, while the threats case remains pending.
In an Instagram video, Comey stated, "they're back again," while referencing the Justice Department. He added, "I'm still innocent." His attorney, Patrick Fitzgerald, said in a statement that the document "purports to charge Mr. Comey with crimes that he did not commit." Fitzgerald has asked a judge to dismiss the case, arguing the legal filing is improper.
A Justice Department spokesperson described the maneuver to halt the statute of limitations as a "widely recognized practice in federal court." The spokesperson added that the matter is an ongoing criminal investigation and the department would not comment further.
The next step involves the court's review of the defense's motion to dismiss. The case will proceed to trial if the judge allows the criminal information to stand.
