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DOJ Charges Comey for Third Time Over 2016 Leak
· Confirmed
In Short: The Justice Department has charged former FBI Director James Comey for a third time over alleged leaks of classified information in 2016.
The Justice Department has charged former FBI Director James Comey for a third time over alleged leaks of classified information in 2016, according to court documents unsealed Monday. ABC17NEWS and KVIA reported that Comey is facing two counts of violating the Espionage Act for transmitting national defense information and conspiring to do so.
Multiple outlets, including ABC17NEWS, KVIA, and SMH.com.au (Australia), reported that Comey moved to dismiss the case, arguing that the statute of limitations had expired on October 5, 2026. Comey’s attorneys contend that an information must be agreed to by a defendant, and since Comey did not consent, the statute of limitations likely cannot be extended.
Al Jazeera (Qatar) and SMH.com.au (Australia) noted that Comey’s attorneys argue the document that outlines the charges, called an information, is not enforceable and that the DOJ has yet to file official charges against Comey.
Reuters, Breitbart, and CBS News reported that prosecutors are seeking to charge Comey with two counts of violating the Espionage Act by transmitting national defense information to an unauthorized person. The charges stem from an October 2016 New York Times article by Charlie Savage, as noted by Nbcwashington.
The controversy began in the early days of President Donald Trump’s first administration, according to ABC17NEWS, Dailywire, and PBS. After Comey was fired as FBI director by President Trump, he shared with his team at least one memo describing his conversations with the president, as reported by ABC17NEWS and KVIA.
Comey’s lawyer Patrick Fitzgerald told SMH.com.au (Australia) that the accusation related to a New York Times article from October 2016, which had been investigated previously without resulting in charges.
The BBC (United Kingdom) reported that the charges were unsealed Monday, only hours after a federal judge ruled that the Justice Department unlawfully fired Comey's daughter, Maurene Comey, from her position as an assistant U.S. attorney for the Southern District of New York.
Comey, in a video statement released after the documents dropped, said, 'Well, they're back — again,' as reported by PBS. He also stated, 'Nothing’s changed with me. I’m still innocent. I’m still not afraid of these people, and I still believe in the independent federal judiciary,' as noted by NBC News, Nypost, PBS, Nbcwashington, and Washingtonsun.
Comey’s reaction to the charges was echoed by Fox News, where he said, 'The Department filed a waiverless criminal information to toll the statute of limitations as it relates to allegations concerning former FBI Director Comey,' and added, 'It would almost be funny if it weren’t such an appalling abuse' by the Justice Department.
Despite the disagreement over the statute of limitations and the enforceability of the information, all outlets agree that Comey is facing new federal criminal charges over alleged leaks of classified information in 2016.
What this adds
The sources have not established the exact nature of the classified document Comey is alleged to have leaked, nor have they clarified the full extent of the investigation into the 2016 incident.
What's confirmed
- Comey is charged over allegedly leaking a sensitive national security document when he was FBI director in October 2016, according to court records made public Monday, allegations that his attorneys said were investigated previously without resulting in charges.
- Comey moved earlier this month to dismiss the case, saying that there needs to be an indictment within 10 years and that the DOJ filing does not suffice.
- The controversy over the alleged leaks to The New York Times began in the early days of Trump’s first administration.
- After he was fired as FBI director by President Donald Trump, Comey shared with his team at least one memo describing his conversations with the president.
- (CNN) — The Justice Department criminally charged James Comey over a decade-old allegation that he ordered his staff to leak classified information to a reporter, the third time that prosecutors have levied criminal allegations against the former FBI director.
- The Justice Department, however, says the document that the two charges are outlined in — called an information — is not enforceable and that they have yet to file their official charges against Comey.
- “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,” the DOJ official said.
- “This is a bizarre, and likely improper, use of a criminal ‘information’ ’to end-run the statute of limitations,” Elie Honig, a former federal prosecutor and CNN’s senior legal analyst said Monday.
- The allegations from the Justice Department were revealed Monday in newly unsealed court documents that shed light on a closed-door fight that represents a clear escalation in the administration's targeting of Comey, a longtime critic and foe of President Donald Trump who has faced two other criminal cases since the Republican returned to the White House last year.
- The Department of Justice has charged former FBI Director James Comey with transmitting national defense information and conspiring to do so in connection with an alleged 2016 disclosure to The New York Times, according to court documents unsealed Monday.
- A grand jury has not indicted Comey on the latest charges, but the case has been playing out under seal since Oct. 5, and Comey's defense attorneys sought to have the charges dismissed last week.
- “Nothing’s changed with me. I’m still innocent. I’m still not afraid of these people, and I still believe in the independent federal judiciary,” he said.
What's still developing
- The president fired James Comey as FBI director in May 2017 as the bureau was investigating ties between Russia and the Republican’s successful 2016 campaign for the White House.