Justice Department Brings a Third Criminal Case Against James Comey, Over a Decade-Old Leak
Newly unsealed court documents show the Justice Department filed criminal charges against former FBI Director James Comey over an October 2016 New York Times story - a disclosure two earlier investigations closed without charges - and Comey's lawyers say the case was filed too late to count.
The Trump administration is attempting to prosecute James Comey for what it calls a decade-old leak of classified information, the Associated Press reported. The allegations were revealed Monday in newly unsealed court documents, in what AP called an unmistakable escalation in the administration's targeting of the former FBI director - a longtime critic of President Donald Trump who has now faced three criminal cases since Trump returned to the White House. NPR reported Comey faces two counts: one for the alleged disclosure of sensitive information and one alleging a conspiracy to disclose it.
The allegation concerns an October 2016 New York Times story about a secret court order that required Yahoo to scan emails for messages potentially linked to a foreign terrorist organization. Prosecutors said in an unsealed filing that Comey sought to correct misinformation in a Reuters report the day before, directed his staff to speak to a Times journalist, "and thereby illegally transferred classified information." NPR reported prosecutors say he directed FBI staff to speak to the reporter about U.S. email surveillance.
Comey answered in a video statement Monday. "Well, they're back - again," he said. "It would almost be funny if it weren't such an appalling abuse of the Department of Justice - one that we cannot become numb to. Nothing's changed with me; I'm still innocent, I'm still not afraid of these people - and I still believe in an independent federal judiciary." His attorney, Patrick Fitzgerald, said it was the third time in little more than a year the department had attempted to charge Comey, and that Comey steadfastly maintains his innocence. Fitzgerald also noted the same disclosure was investigated twice before: prosecutor John Durham recommended no charges in a classified December 2018 memo, and a second investigation by the U.S. Attorney's office in Washington, code-named "Tropical Vortex," closed in February 2020 without charges.
The immediate fight is over the calendar. The Justice Department said it filed a "criminal information" to toll - extend - the statute of limitations. "Filing a criminal information to toll the statute of limitations is a widely recognized practice in federal court and has been approved by multiple Circuit Courts of Appeals. This is an ongoing criminal investigation, and we will not comment further," a department spokesperson said. An information can be filed without a judge's approval or a grand jury's finding of probable cause. Comey's lawyers have asked a judge to dismiss it, arguing the 10-year statute "explicitly demands an indictment within 10 years of the offense; an information does not suffice." NPR, which reported the case was filed October 5 and fought behind closed doors for three weeks before Monday's unsealing, called the department's maneuver very unusual. The dismissal request is still pending, and no court has ruled on the merits. Comey's first case, accusing him of lying to Congress, was dismissed after a judge concluded the prosecutor was illegally appointed; a separate indictment over an "86 47" seashell photograph is still pending. On Monday a federal judge also ruled that the firing of Comey's daughter Maurene, a New York federal prosecutor, from her Justice Department job last year was illegal.
