After Two Probes Ended Without Charges, Trump Administration Is Again Attempting to Prosecute Former FBI Director James Comey

New filing revives leak case

Newly unsealed court documents show that the Justice Department filed a criminal information against Comey on Oct. 6, 2016, ten years after the publication of the story at issue. The department says the filing extends the time allowed to bring an indictment.

Comey and lawyers dispute move

Comey’s attorney, Patrick Fitzgerald, said his client maintains his innocence and will challenge the charges. The lawyers argue that the filing was not approved by a judge or issued by a grand jury, and that the 10-year limit bars prosecution. In a video statement, Comey said, “Nothing’s changed with me; I’m still innocent.” He also said he believes in an independent federal judiciary and called the effort an abuse of the Justice Department.

Earlier investigations ended without charges

Federal authorities began investigating the disclosure in early 2017, including prosecutor John Durham. Comey’s attorneys say Durham recommended in a classified memo in December 2018 that no one be charged.

A second investigation, code-named “Tropical Vortex,” opened in January 2019 at the U.S. Attorney’s office for the District of Columbia. It closed without charges in February 2020, according to the lawyers.

Department defends procedure

The Justice Department said filing a criminal information to pause the statute of limitations is a recognized federal court practice approved by multiple Courts of Appeals. A department spokesperson described the investigation as ongoing and declined further comment.

The allegations are part of a wider dispute between the administration and Comey, a longtime critic of President Donald Trump. The filing also comes amid politically charged investigative actions ahead of next week’s midterm elections.