Third time: DOJ efforts to charge James Comey bring attorneys back to court as they return to fight

Friday court challenge

Comey’s attorneys are making an emergency request for a federal judge in Washington, D.C., to dismiss the latest criminal allegations. The claims concern the alleged mishandling of classified information more than a decade ago.

The allegations became public Monday, after Judge McFadden ordered details of the legal dispute unsealed at the request of Comey’s legal team. Prosecutors filed their response to the dismissal motion earlier this month.

Dispute over Reuters report

Prosecutors say Comey sought to correct what they described as misinformation in a Reuters story published the previous day. The report said Yahoo had secretly created software to search customers’ incoming emails for information supplied by U.S. intelligence officials. In their court filing, prosecutors alleged that Comey directed staff to contact a New York Times reporter with concerns about the Reuters story’s accuracy, thereby transferring classified information.

Third known charging effort

The latest case is the third known attempt by federal prosecutors to charge Comey within 13 months. The article links the efforts to President Donald Trump’s public demand that the Justice Department act “now” against Comey and other perceived political foes.

Prosecutors filed the allegations as a “criminal information,” which does not require grand jury approval. The document was filed under seal on Oct. 5.

Earlier case dismissed

Comey pleaded not guilty in the earlier case, which was later dismissed. The judge ruled that the Trump-appointed U.S. attorney who brought it had not been properly appointed.