Justice Department Moves to Charge James Comey Over 2016 Leak

Former FBI Director James Comey faces a new legal hurdle as the Justice Department filed a criminal information to extend the time limit for prosecuting him over a classified document leak from 2016. The move, revealed in court documents unsealed on Monday, allows prosecutors to bring formal charges without immediate approval from a judge or a grand jury.

Comey’s attorneys argue the filing is legally invalid because it arrives ten years after the alleged offense. Patrick Fitzgerald, Comey’s lawyer, stated that the department is attempting to charge him for a third time in just over one year. He noted that previous investigations into the same matter concluded no charges should be brought.

The underlying allegation involves a New York Times article from October 2016. The report described a secret court order requiring Yahoo to scan emails for links to a foreign terrorist organization. Prosecutors say Comey directed his staff to speak with a reporter to correct misinformation, thereby transferring classified information. This claim comes a decade after the story broke.

The Justice Department defended the filing as a common practice in federal courts. A department spokesperson said the criminal information tolls the statute of limitations, a process approved by multiple circuit courts of appeals. The department described the matter as an ongoing criminal investigation and declined to offer further details.

Comey responded to the news with a video statement on Monday. He described the action as an appalling abuse of power by the department. He maintained his innocence and expressed confidence in the federal judiciary. He also noted that he is not afraid of the people bringing the charges.

This legal action adds to a series of cases against Comey since President Donald Trump returned to the White House. One case, involving alleged lies to Congress in 2020, was dismissed due to the prosecutor’s appointment. A separate pending indictment involves a threat made through an Instagram photo. A federal judge also ruled on Monday that the firing of Comey’s daughter, Maurene, from her role as a Justice Department prosecutor in New York was illegal.

The relationship between Comey and Trump has been tense since 2017, when the president fired the FBI director. Comey has since criticized the president in a memoir and public appearances. Trump has repeatedly called for charges against Comey, including accusations of treason. The current filing takes place shortly before the midterm elections next week.