DOJ files third criminal charge against Comey after 10-year delay

Washington, D.C. The Justice Department filed a new criminal information against former FBI Director James Comey on October 6, 2016, according to court documents unsealed Monday. The filing concerns an October 2016 leak of classified information to The New York Times. This marks the third criminal case brought against Comey in a little more than a year. The first case was dismissed by a judge, and a second indictment involving a social media post remains pending.

The current allegation focuses on a secret court order that required Yahoo to scan emails for messages linked to a foreign terrorist organization. A New York Times story in 2016 cited two anonymous officials regarding the order. Prosecutors state that Comey directed his staff to speak with a journalist to correct misinformation reported by Reuters the day before the Times story appeared. They claim this action illegally transferred classified information. The criminal information was filed under seal 10 years after the original article was published.

Comey’s legal team, led by attorney Patrick Fitzgerald, says the government waited too long. They argue that federal law requires an indictment within 10 years of the offense. An information can be filed without a judge’s approval or a grand jury finding of probable cause. Fitzgerald stated that the government filed the information against a charge Comey did not commit. He noted that previous investigations, including one by prosecutor John Durham in 2018 and another by the U.S. Attorney’s office in 2019, closed without charges.

A Justice Department spokesperson defended the filing as a widely recognized practice in federal court. The department stated it is an ongoing criminal investigation and declined to comment further. In a video statement Monday, Comey said the administration is back again. He called the move an appalling abuse of the department but said he remains innocent and not afraid. He expressed belief in an independent federal judiciary.

The relationship between Trump and Comey has been strained since 2017. Trump fired Comey in May 2017 during an FBI investigation into Russian ties to his campaign. Comey published a memoir in 2018 that criticized Trump. Trump has previously called for treason charges against Comey. The new legal battle comes ahead of the midterm elections next week. It follows a ruling on Monday that declared the firing of Comey’s daughter, Maurene, from a Justice Department job last year to be illegal.

Comey’s lawyers have asked a judge to dismiss the new information. That request is still pending. The case adds to a series of investigative actions by the department in the run-up to the elections. Comey has faced two other criminal cases since the Republican returned to the White House last year.