Comey charged in third criminal case over 2016 New York Times leak

Former FBI Director James Comey faces new criminal charges in his third prosecution under the current administration.

The Justice Department unsealed the case this afternoon, bringing two counts against the former director. The first count alleges the disclosure of sensitive information, while the second alleges a conspiracy to do the same. Prosecutors state that in October 2016, Comey directed FBI staff to speak with a New York Times reporter. They argue this action illegally leaked details regarding U.S. email surveillance to the press.

Comey's legal team disputes the timing and the method used to file the charges. The incident occurred exactly ten years before the recent filing date. The defense argues that the statute of limitations expired on October 5 of this year. However, prosecutors filed a criminal information rather than a grand jury indictment on that same day. They submitted a motion to dismiss the case, claiming the window to file charges had closed under the law because an indictment was not used.

The government contests this argument, though the court has not yet ruled on the motion. Legal experts describe the maneuver to file a criminal information on the deadline as unusual. The case has been active behind closed doors for three weeks since the initial filing.

Comey’s attorneys note that two separate U.S. attorneys previously investigated this specific incident. Both declined to prosecute the matter. The current Justice Department pursued the case despite those prior decisions.

Comey issued a statement on Instagram to address the news. He wrote, "Well, they're back. Again. It would almost be funny if it weren't such an appalling abuse of the Department of Justice, one that we cannot become numb to." He added, "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."

This is the third criminal case brought against Comey by the Trump administration. The first case involved alleged false statements and obstruction of justice, which a court dismissed. The second case centers on alleged threats made against President Trump, tied to a photo of seashells Comey posted on social media. Comey is challenging that case as well, citing selective and vindictive prosecution due to his public criticism of the President.