The Justice Department has charged former FBI Director James Comey for a third time, this time accusing him of illegally disclosing national defense information connected to a 2016 leak to a New York Times reporter. Comey has denied the allegations.
The charges were filed as a criminal information rather than through a grand jury indictment. Fox News reported the government's defense of this method, quoting officials who said, "Filing a criminal information to toll the statute of limitations is a widely recognized practice in federal court and has been approved by multiple Circuit Courts of Appeals. This is an ongoing criminal investigation, and we will not comment further."1
Questions have been raised about whether the case falls outside the applicable time limit. BBC News reported that former federal prosecutor Glenn Kirschner told the outlet the case may have exceeded the 10 year statute of limitations, giving a motion to dismiss "a very good chance of being granted."2
The Guardian (US) reported that legal experts have said the case is thin.
HuffPost reported on evidence described in the investigation, stating that the investigation has uncovered evidence that Comey directed staff to speak to Mr. Savage about specific accuracy concerns related to the Reuters article, and thereby illegally transferred classified information.
The announcement coincided with a ruling related to the firing of Maurene Comey.
