Justice Department Charges James Comey a Third Time, Over a 2016 Leak Two Prior Probes Declined to Prosecute
The DOJ filed a 'criminal information' it says extends the 10-year statute of limitations. Comey's lawyers call it invalid and late.
The Justice Department has filed new criminal charges against former FBI Director James Comey, the third case brought against him, PBS News reported on Oct. 26. Court documents unsealed that day show prosecutors filed a “criminal information,” which the department says extends the 10-year statute of limitations, accusing him of disclosing classified information.
The case concerns an October 2016 New York Times story that cited two anonymous officials about a secret Foreign Intelligence Surveillance Court order requiring Yahoo to scan emails. The DOJ alleges the FBI made the disclosure on Oct. 5, 2016.
The same matter has been investigated twice. Special Counsel John Durham began looking at it in early 2017, and a December 2018 classified memo recommended no charges. A second probe by the U.S. Attorney’s Office in Washington, code-named “Tropical Vortex,” opened in January 2019 and closed in February 2020 without charges. “Both times the Government determined that no charges should be brought against anyone,” said Comey’s attorney, Patrick Fitzgerald.
A criminal information is usually filed with a defendant’s consent as part of a plea deal; Comey has not consented. His lawyers argue the charge is invalid and time-barred. The first case against Comey was dismissed after a judge found the prosecutor was illegally appointed; a second, filed in April, involves a social media post officials said threatened the president. In a video, Comey said, “Well, they’re back, again,” and maintained his innocence.
Why it matters. Leaking classified intelligence is a serious crime, and Americans who watched the FBI’s conduct in 2016 have every reason to want accountability. But accountability depends on charges that hold up. A case filed in an unusual way, past the normal deadline, on facts two earlier probes declined to prosecute, will be tested hard in court.
The other side. Comey and his supporters call the filing political retaliation timed before the midterms; administration supporters say the department is pursuing a long-delayed accountability case.
Open questions. Which court will hear the challenge to the filing, and whether a judge accepts the department’s theory on the statute of limitations.
- PBS News: Trump administration charges former FBI Director James Comey for the third time
- Fox News: DOJ and James Comey (live updates, Oct. 27)
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