The Justice Department filed a criminal information against former FBI Director James Comey over allegations that he willfully communicated national defense information to an unauthorized person in connection with an alleged 2016 disclosure.
Federal prosecutors filed the two-count criminal information in U.S. District Court for the District of Columbia, alleging Comey communicated national defense information and conspired with others to unlawfully disclose it.
The Justice Department said that the filing was made to preserve the allegations before the statute of limitations expired as an investigation remains ongoing.
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“The Department filed a waiverless criminal information to toll the statute of limitations as it relates to allegations concerning former FBI Director Comey,” a spokesperson for the DOJ 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.”
Comey’s attorneys have challenged the filing. They’ve argued that prosecutors cannot move forward with the case without first obtaining an indictment from a federal grand jury.
U.S. District Judge Trevor McFadden held an emergency, closed-door hearing on Oct. 9 after Comey’s attorneys moved to dismiss the case and unseal the proceedings.
McFadden, who was appointed to the federal bench by President Donald Trump in 2017, granted the request to unseal the case but has not ruled on Comey’s motion to dismiss.
It remains unclear when or if prosecutors will seek an indictment from a grand jury.
Prosecutors allege that on or about Oct. 5, 2016, Comey knowingly and willfully communicated information related to the national defense to a person who was not entitled to receive it.
Comey denied wrongdoing in an Instagram post Monday, calling the latest action an “appalling abuse of the Department of Justice.”
“Nothing’s changed with me. I’m still innocent. I’m not afraid of these people. And I still believe in the independent federal judiciary,” Comey said.
He added that his family and legal team would “stand up in court and fight the latest and whatever comes after this.”
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Prosecutors also allege Comey conspired with others to unlawfully disclose national defense information.
The case marks the third attempt by the Justice Department under President Donald Trump to prosecute Comey.
A previous case accusing him of lying to Congress was dismissed, while a separate case stemming from his “86 47” seashell social media post remains pending.