James Comey charged by justice department for third time, now over leaking national defense information
James Comey has been charged with leaking national defense information, as the justice department filed two counts against the former FBI director on Monday in federal court in Washington DC.
James Comey charged by justice department for third time, now over leaking national defense information
The justice department charged former FBI director James Comey on Monday with two counts of leaking information related to national defense, in a case filed in federal court in Washington DC. It is the third criminal case the Trump administration has brought against Comey.
The new charges
According to the filing, the government alleges that Comey leaked the information in 2016 and conspired with an unnamed person to give it to a national news outlet.
Comey's attorney, Patrick Fitzgerald, said the charges relate to a 5 October 2016 New York Times article that had already been investigated by prosecutors.
A third case against Comey
The new leaking counts are the third time the Trump administration has filed criminal charges against one of Donald Trump's most despised foes.
- Last year, the justice department charged Comey with lying to Congress. The charges were thrown out after a judge found the prosecutor handling the case, a White House ally installed to bring it, was unlawfully appointed.
- Earlier this year, the justice department charged Comey in federal court in North Carolina over a picture of a formation of seashells spelling out "8647". Legal experts have called that case thin.
The 'information' filing
The new case was filed through a criminal maneuver known as an "information", meaning it was not approved by a grand jury.
Filing the charges this way appears to have been an effort to quickly get criminal charges in against Comey before the 10-year statute of limitations ran out.
Comey and his attorney respond
Fitzgerald said in a statement that the information was not approved by a judge nor issued by a grand jury, and purports to charge crimes Comey did not commit.
In a court filing unsealed on Monday, Comey's lawyers argued the charges should be dismissed because the statute of limitations had expired and the matter had been twice investigated, with a determination that no charges should be filed. They also argued the law required an indictment, not an information, within the 10-year window.
Comey addressed the charges in a video posted online:
"Well, they're back again. It would almost be funny if wasn't such an appalling abuse of the Department of Justice. One that we cannot become"
His lawyers have asked in the unsealed filing that the charges be dismissed.
