Trump administration seeks new charges against former FBI director James Comey
The Justice Department filed a criminal information alleging a 2016 classified leak by James Comey, which his lawyers say exceeds the ten-year statute of limitations and should be dismissed.
The Justice Department disclosed on Monday that it has filed a criminal information accusing former FBI director James Comey of illegally transferring classified material related to a 2016 New York Times story about a secret court order. The filing, made under seal on Oct. 6, 2016, seeks to extend the statute of limitations, a procedural move the department says is recognized by federal courts.
Comey’s attorney, Patrick Fitzgerald, said the charge is invalid because the statute of limitations requires an indictment within ten years of the alleged offense, not an information. "For the third time in little more than one year, the Department of Justice has attempted to charge Mr. Comey with a federal crime. Mr. Comey steadfastly maintains his innocence," Fitzgerald said.
"Well, they're back — again," Comey said in a video statement, adding that he remains innocent and confident in an independent judiciary.
The allegation stems from an October 2016 report that Yahoo was compelled by a Foreign Intelligence Surveillance Court order to scan emails for links to a foreign terrorist organization. Federal investigators, including special counsel John Durham, examined the disclosure in 2017 and later concluded in a classified memo that no criminal charges were warranted. A subsequent investigation launched in 2019 under the code name "Tropical Vortex" was closed without charges in February 2020.
Department officials declined to comment further on the ongoing investigation. A judge has been asked to dismiss the information, and the request is pending.