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

The US Department of Justice filed a third federal criminal case against former FBI Director James Comey on October 5 to prevent a 10-year statute of limitations from expiring. The filing, a document called a criminal information, was unsealed in Washington federal court on Monday at the request of Comey’s legal team.

Prosecutors allege that Comey transmitted and conspired to transmit national defense information. The charge centers on an incident in October 2016 when he is accused of sharing classified details with a New York Times reporter. This procedural move allows the government to keep the case active while it gathers evidence for a formal indictment.

Comey responded to the news in an Instagram video, stating that the Justice Department is back again and that he remains innocent. He did not offer additional details about the specific allegations in the new filing. His attorneys have already moved to dismiss the case, arguing that the initial filing is legally improper.

Defense attorney Patrick Fitzgerald issued a statement claiming the document purports to charge his client with crimes that he did not commit. Fitzgerald’s team argues that the government is using the information as a procedural tool rather than a final accusation of guilt. The Justice Department described this practice as widely recognized in federal courts.

This development adds to the legal pressure on Comey, who faces two other federal cases. One case, which accused him of lying to Congress about media leaks, was dismissed by a judge. A second case, which alleges he threatened President Donald Trump in a social media post, remains pending in court. The Department of Justice said the new matter is part of an ongoing criminal investigation.

A Justice Department spokesperson declined to comment on further specifics, citing the active status of the probe. The unsealing of the document marks the first public disclosure of the third charge. Comey’s legal team will now present their motion to dismiss before a judge makes a ruling on the case’s validity.