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Federal Prosecution: DOJ files third charge against Comey

The Justice Department filed a criminal information to halt the statute of limitations on a 2016 leak case.

By Sarah Montgomery ·

Illustration for: Federal Prosecution: DOJ files third charge against Comey
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The US Justice Department filed a new criminal information against former FBI Director James Comey on Monday, charging him with leaking national defense information in October 2016. The filing is designed to stop the 10-year statute of limitations from expiring, a deadline that passed earlier this month. The document alleges Comey transmitted classified material to a New York Times reporter and conspired to do so.

The case was officially filed in Washington federal court on October 5 but remained sealed until Monday. Comey's attorneys requested the unsealing, revealing the charge before it could quietly run its course. The move adds a third federal prosecution to Comey's growing legal docket. He was previously charged with 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.

Comey responded to the news in an Instagram video, stating, "they're back again." He referenced the Justice Department and declared, "I'm still innocent," without providing further details on the specific allegations. His defense team has already moved to dismiss the case, arguing the filing is legally improper.

Patrick Fitzgerald, Comey's lawyer, called the new charge a document that "purports to charge Mr. Comey with crimes that he did not commit." The Justice Department defended the procedural step, with a spokesperson describing the statute-of-limitations halt as a "widely recognized practice in federal court." The department stated that the matter is an ongoing criminal investigation and declined to comment further.

The criminal information specifically cites the transmission of sensitive data regarding national defense. The 2016 leak involved details shared with press officials during the final months of the Obama administration. The new charge does not alter the status of the prior two cases, one of which was dismissed and one of which is still awaiting a ruling. The unsealing of the document marks the latest escalation in the legal conflict between Comey and federal prosecutors.

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