DOJ charges former FBI director James Comey in case over 2016 disclosure
Two charges over disclosure
A two-count criminal information accuses Comey of transmitting national defense information to someone unauthorized to receive it and conspiring to commit that offense. Prosecutors allege the conduct occurred while he was FBI director.
Prosecutors filed the document under seal on Oct. 5. It was unsealed Monday, at the request of Comey, which prosecutors did not oppose.
Timing and charging method
The filing date fell exactly 10 years after the alleged conduct. The charges carry a 10-year statute of limitations, making the timing significant. Prosecutors used a criminal information, a charging document filed by prosecutors, rather than an indictment from a federal grand jury. Comey’s lawyers argue the national security statute required an indictment for the time limit to be met.
Comey seeks dismissal
Court filings show Comey has moved to dismiss the case. His lawyers say two other prosecutors considered the allegations over the past decade and declined to bring charges.
Attorney Patrick J. Fitzgerald said Monday that Comey maintains his innocence. Fitzgerald also said the Justice Department had tried to charge Comey with a federal crime three times in a little more than one year.
Key points
- Prosecutors accuse Comey of unlawfully transmitting national defense information and conspiring to disclose it.
- The alleged disclosure was to a reporter on Oct. 5, 2016, according to the filing.
- Comey has not entered a plea and has asked the court to dismiss the case.
- His lawyers challenge the use of a criminal information instead of a grand jury indictment.