Justice Department Files a Two-Count Criminal Information Against James Comey Over an Alleged 2016 Disclosure of National Defense Information
Prosecutors say they filed without a grand jury to stop the statute of limitations from running while the investigation continues. Comey calls it an 'appalling abuse' and says he is innocent. It is the third DOJ attempt to prosecute him.
The Justice Department has filed a new criminal case against former FBI Director James Comey, Fox News reports, this time over what prosecutors say was an unauthorized disclosure of national defense information in 2016.
What was filed. Prosecutors filed a two-count criminal information in federal court in Washington, D.C. One count says Comey knowingly and willfully communicated information related to the national defense to a person not entitled to receive it, on or about Oct. 5, 2016. The other says he conspired with others to unlawfully disclose such information.
Why it is an information, not an indictment. A DOJ spokesperson said the department filed a "waiverless criminal information to toll the statute of limitations," meaning the filing was made to preserve the allegations before the deadline ran out. The spokesperson called that "a widely recognized practice in federal court" approved by multiple circuit courts of appeals, called the matter "an ongoing criminal investigation," and declined further comment. Fox says it is unclear when or whether prosecutors will seek a grand jury indictment.
The court fight. Comey's lawyers argue prosecutors cannot go forward without a grand jury indictment. Judge Trevor McFadden, a Trump appointee, held an emergency closed-door hearing on Oct. 9 after they moved to dismiss the case and unseal it. He agreed to unseal the case but has not ruled on the motion to dismiss.
Comey's answer. In an Instagram post Monday he called the filing an "appalling abuse of the Department of Justice." He wrote, "Nothing's changed with me. I'm still innocent. I'm not afraid of these people. And I still believe in the independent federal judiciary," and said his family and lawyers would "stand up in court and fight the latest and whatever comes after this."
The record so far. Fox counts this as the Justice Department's third attempt to prosecute Comey under President Trump. An earlier case accusing him of lying to Congress was dismissed. A separate case over his "86 47" seashell social media post is still pending.
Note for readers: the allegations are the government's and are unproven. Fox does not say who the "person not entitled to receive" the information was or what the information contained, and the filing's reach depends on how the court rules on the limitations question. We covered the ruling reinstating Maurene Comey earlier today.