DOJ Targets Comey Over 2016 Leak

The Justice Department is seeking to restart a criminal case against former FBI Director James Comey regarding a 2016 leak of classified information. New court documents unsealed on Monday detail the government's attempt to extend the ten-year statute of limitations for the alleged offense.

The move marks a third criminal prosecution attempt against Comey in the past year. It coincides with a period of heightened legal action by the administration ahead of next week's midterm elections. The case stems from an October 2016 New York Times report on a secret court order involving Yahoo and a foreign terrorist organization.

The original story cited two anonymous government officials who discussed a Foreign Intelligence Surveillance Court order. That order barred Yahoo from disclosing the existence of the warrant. Federal investigators, including then-Special Counsel John Durham, examined the FBI's disclosure to the press beginning in early 2017.

Durham issued a classified memo in December 2018 recommending against charging anyone in that matter. A second investigation, codenamed Tropical Vortex, opened in January 2019 by the U.S. Attorney's office for the District of Columbia. That inquiry closed without charges in February 2020.

Comey's legal team argues the current filing is procedurally invalid. Patrick Fitzgerald, Comey's attorney, stated that the government filed a criminal information rather than an indictment. A criminal information typically requires the defendant's consent, which Comey has not given. Fitzgerald said the document was not approved by a judge or issued by a grand jury.

"For the third time in little more than one year, the Department of Justice has attempted to charge Mr. Comey with a federal crime. Mr. Comey steadfastly maintains his innocence," Fitzgerald said. He added that both prior investigations resulted in determinations that no charges should be brought.

The Justice Department defended its action as a standard legal procedure. A department spokesperson noted that filing a criminal information to toll the statute of limitations is widely recognized in federal courts. The spokesperson said the action has been approved by multiple Circuit Courts of Appeals.

"This is an ongoing criminal investigation, and we will not comment further," the spokesperson said. The department characterized the step as part of an active inquiry rather than a final indictment.

Comey responded to the news in a video statement. He described the new move as an abuse of the Justice Department. "Well, they're back, again," Comey said. He affirmed that he remains innocent and not afraid, citing his belief in an independent federal judiciary.

Comey served as FBI Director from 2013 until May 2017. He was appointed by President Barack Obama and previously held a senior role in the Justice Department under President George W. Bush. Tensions arose early in Trump's presidency after Comey declined to pledge personal loyalty during a private dinner. Trump fired Comey during the FBI's investigation into Russian interference, a probe later led by Robert Mueller.