DOJ files third charge against Comey

The US Justice Department filed a criminal information against former FBI Director James Comey on October 5. The document was unsealed in Washington federal court on Monday. It charges Comey with transmitting and conspiring to transmit national defense information.

The filing serves to stop the ten-year statute of limitations from expiring. The deadline for this specific offense was set to lapse earlier this month. Prosecutors allege Comey shared classified material with a New York Times reporter in October 2016.

Comey responded to the news in an Instagram video. He stated, "they're back again," referencing the Justice Department. He added, "I'm still innocent," without providing further details on the new allegations.

Legal counsel for Comey has asked a judge to dismiss the case. They argue the filing is legally improper. Patrick Comey's attorney, Patrick Fitzgerald, said the document "purports to charge Mr. Comey with crimes that he did not commit." The lawyers requested the unsealing of the document to begin the dismissal process.

This is the third federal case against Comey. The Justice Department previously charged him with lying to Congress about media leaks and threatening President Donald Trump in a social media post. A judge dismissed the false statements case. The threats case remains pending in court.

A Justice Department spokesperson called the statute of limitations halt a "widely recognized practice in federal court." The spokesperson noted the matter is an ongoing criminal investigation. They stated the department would not comment further.