James Comey charged a third time over defense information
Former FBI Director James Comey faces a third federal case after a filing was unsealed Monday in Washington. Prosecutors say he shared national defense information in 2016. Comey says he is innocent, and his lawyers say the case is too late.
Federal prosecutors unsealed a two-count criminal information Monday in Washington. It charges former FBI Director James Comey with sharing national defense information with someone not allowed to receive it, and with plotting to do so. The filing is a set of charges, not a finding of guilt.
Prosecutors say the case is tied to an October 5, 2016, New York Times article by Charlie Savage. Per the filing cited by NBC News, Comey directed staff to speak with Savage to correct a Reuters story and thereby passed classified information. The document has been under seal since October 5. Judge Trevor McFadden unsealed it. It is not a grand jury indictment, and Comey cannot be tried on it unless he waives indictment.
A Justice Department spokesperson said the filing was meant to pause the ten-year filing deadline in an ongoing probe, and called that a widely used practice. Comey's lawyers say the case is too late because prosecutors had to get a grand jury indictment within ten years. They also say two US attorneys previously declined to bring charges, and they have moved to dismiss. Comey called the action "an appalling abuse" and said he is innocent.
This is the third Trump-era case against Comey. A prior case accusing him of lying to Congress was dismissed. A separate North Carolina case over an "8647" seashell social media post remains open. The unsealing came the same day a New York judge ruled that Comey's daughter, Maurene Comey, was unlawfully fired from the Justice Department.
What we know: A two-count criminal information charging Comey was unsealed Monday. DOJ says it pauses the filing deadline. Comey denies wrongdoing and has moved to dismiss.
What we don't: Whether prosecutors will seek a grand jury indictment, and how Judge McFadden will rule on the motion to dismiss.
Where outlets agree NBC News and Fox News both report that a two-count criminal information charging James Comey was unsealed Monday, that DOJ says it was filed to pause the statute of limitations, and that Comey denies wrongdoing.
Where they differ The Justice Department says the filing is a widely used way to pause the filing deadline. Comey's lawyers say the case is too late and should be dismissed.