WASHINGTON, D.C. — The Justice Department is attempting for the third time in little more than a year to prosecute former FBI Director James Comey, this time over an alleged disclosure of national defense information dating to 2016.
Court documents unsealed Monday accuse Comey of transmitting and conspiring to transmit sensitive information to a New York Times reporter. Prosecutors filed a criminal information rather than obtaining a grand jury indictment as the 10-year statute of limitations approached. The Justice Department says the procedure can preserve the government’s ability to prosecute while it continues seeking an indictment.
Comey’s attorneys argue the maneuver is legally invalid because the applicable law requires an indictment within 10 years. They have asked a federal judge to dismiss the case. The alleged disclosure was investigated twice previously, including by prosecutor John Durham, and both investigations ended without charges.
Comey maintains his innocence and described the latest case as an abuse of the Justice Department. President Donald Trump, who fired Comey in 2017 and has repeatedly attacked him publicly, called the former FBI director a “dirty cop” while saying he knew little about the new prosecution.
An earlier case accusing Comey of lying to Congress was dismissed after a judge determined the prosecutor who brought it was unlawfully appointed. A separate prosecution alleging Comey threatened Trump through a social-media post remains pending.
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