DOJ Files 10-Year-Old Leak Charge Against James Comey

The Justice Department has filed a new legal instrument to restart a decade-old investigation into a classified leak involving former FBI Director James Comey. The move, revealed in court documents unsealed on Monday, targets a 2016 disclosure of a secret court order related to Yahoo. This action comes two weeks before the midterm elections and marks the third criminal case brought against Comey since President Donald Trump took office last year.

The department submitted what is known as a criminal information. This document is designed to toll, or pause, the 10-year statute of limitations for the specific offenses. A spokesperson for the Justice Department stated that filing such an information to extend time limits is a widely recognized practice in federal courts. The department noted that multiple Circuit Courts of Appeals have approved this procedure. Officials said they would not comment further as the investigation remains ongoing.

The underlying allegation involves a New York Times article published in October 2016. The story cited two government officials who spoke anonymously about a Foreign Intelligence Surveillance Court order. That order required Yahoo to scan emails for messages linked to a foreign terrorist organization. Yahoo was barred from publicly disclosing the existence of the order. The Justice Department claims Comey was involved in the disclosure of this sensitive information.

Comey's legal team has labeled the new charge invalid. Patrick Fitzgerald, one of his attorneys, said in a statement that this is the third time in slightly over a year that the department has attempted to charge Comey with a federal crime. Fitzgerald argued that the new information was not approved by a judge and was not issued by a grand jury. He maintained that Comey did not commit the crimes now alleged.

Legal experts note that criminal informations are typically filed when a defendant consents to the charges, usually as part of a plea deal. Comey has not consented. His lawyers intend to fight the motion, arguing the case is barred by the statute of limitations because the original events occurred more than a decade ago. Fitzgerald emphasized that Comey steadfastly maintains his innocence.

The current effort follows two prior investigations into the same matter. Federal authorities, including then-Special Counsel John Durham, began looking into the 2016 disclosure in early 2017. In December 2018, Durham wrote a classified memo recommending that no criminal charges be brought against anyone. In January 2019, the U.S. Attorney's office for the District of Columbia opened a second investigation under the code name Tropical Vortex. That investigation closed without charges in February 2020.

Comey reacted to the news in a video statement released after the documents were unsealed. He said, "Well, they're back, again." He described the move as an appalling abuse of the Department of Justice that the public should not become numb to. Comey stated that he is still innocent and still not afraid of the administration. He expressed continued belief in an independent federal judiciary.

The new charge adds to a history of legal conflicts between Comey and the Trump administration. A previous case against Comey was dismissed after a judge ruled the prosecutor who brought the indictment was illegally appointed. In April of this year, Comey was charged in a separate case over a social media post depicting seashells on a beach. Officials said that post constituted a threat against the president.

Comey served as FBI director when Trump took office in 2017. He was appointed by President Barack Obama and had previously served as a senior Justice Department official under President George W. Bush. The relationship between the two men was strained from the beginning. Comey documented in a memo that Trump asked him to pledge personal loyalty during a private dinner. Trump fired Comey in May 2017 amid an FBI investigation into potential ties between Russia and the Trump campaign.

The special counsel investigation into those ties, led by Robert Mueller, later found that Russia interfered in the 2016 election. The report stated that the Trump team welcomed the help but that there was insufficient evidence to prove a criminal collaboration.