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DOJ files 10-year statute stop against Comey

Prosecutors accused the former FBI director of leaking classified details to a New York Times reporter in 2016.

By Ana Castro ·

Illustration for: DOJ files 10-year statute stop against Comey
Illustration generated for this article, not a news photograph.

The US Justice Department filed a new legal document on October 5 to prevent the 10-year statute of limitations from expiring on a criminal case against James Comey. Court records revealed on Monday show the government accused the former FBI director of sharing sensitive national security data. The filing, known as a criminal information, charges Comey with transmitting and conspiring to transmit national defense information. Prosecutors allege he passed classified details to a New York Times reporter in October 2016.

A Justice Department spokesperson called the move a widely recognized practice in federal court to keep cases alive. The department stated that the investigation is ongoing and declined to provide further comments. This third federal action comes after two previous charges against Comey. An earlier case accused him of lying to Congress about media leaks, which a judge dismissed. A separate case alleging he threatened President Donald Trump in a social media post remains pending.

Comey responded to the news in an Instagram video, saying, "They're back again," while referencing the Justice Department. He added, "I'm still innocent," though he did not offer additional details about the specific allegations. His legal team requested that a judge unseal the document to make the charges public. The lawyers also filed a motion to dismiss the case, arguing that the filing is legally improper.

Patrick Fitzgerald, Comey's lawyer, issued a statement claiming the document purports to charge his client with crimes he did not commit. The new charge adds to the legal battles facing the former director. The Justice Department filed the initial document in Washington federal court before the statute deadline passed earlier this month. The unsealing of the file allows the defense to formally challenge the charges in open court.

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