DOJ files third charge against Comey to beat 10-year deadline

A federal document filed on October 5 charges former FBI Director James Comey with sharing national defense information. The filing was designed to prevent a 10-year statute of limitations from expiring earlier this month. Court records made public on Monday detail the new legal action against Comey.

The criminal information alleges that Comey transmitted and conspired to transmit classified data. It specifically cites an incident in October 2016 where he shared sensitive information with a reporter from The New York Times. The Justice Department filed the document in Washington federal court to keep the case alive.

Comey has faced two previous federal charges. One case accused him of lying to Congress about media leaks, while the other alleged he threatened President Donald Trump in a social media post. A judge dismissed the false statements case. The threats case remains pending in court.

In an Instagram video, Comey said, "they're back again," referencing the Justice Department. He added, "I'm still innocent." His attorneys immediately moved to dismiss the new charge, arguing that the filing is legally improper.

Patrick Fitzgerald, a lawyer for Comey, stated that the document "purports to charge Mr. Comey with crimes that he did not commit." Fitzgerald noted that the criminal information was filed on October 5 but remained unsealed until Monday. The unsealing occurred at the request of Comey's legal team.

A Justice Department spokesperson described the move to halt the statute of limitations as a widely recognized practice in federal court. The spokesperson added that this is an ongoing criminal investigation and that the department would not comment further.