Classified disclosures tied to 2016 Times reporting: DOJ seeks to charge Comey with conspiring to disclose national defense information

Disclosures at the center

Prosecutors say Comey sought to correct inaccurate reporting in a Reuters article published the previous day. They allege he instructed staff to discuss specific accuracy concerns with a Times reporter, which they characterize as an illegal transfer of classified information.

A dispute over deadlines

The Justice Department filed charges through a criminal information, a procedure that does not require grand jury approval. The filing was sealed on Oct. 5. Government lawyers say submitting the information within 10 years of the alleged conduct stopped the statute-of-limitations clock and gave them additional months to obtain an indictment. Comey’s defense says the ordinary five-year period had expired and that the cited extension applies only to indictments.

Defense seeks dismissal

Comey’s lawyers have asked the court to dismiss the case, arguing that the criminal information does not meet the statutory conditions for a 10-year deadline. They also say the Washington, D.C., Circuit Court has not endorsed extending the deadline through this kind of filing.

Prosecutors argue Congress lengthened the time available to prosecute espionage because the earlier limit did not adequately cover conduct threatening the country. Separately, Comey’s lawyers say Trump’s repeated calls for prosecution show animus and make a case involving alleged threats against Trump through beach-shell photographs vindictive.