Prosecutors File Third Federal Case Against Ex-FBI Director James Comey

Federal prosecutors filed a third criminal case against former FBI Director James Comey on Monday. The government alleges that Comey transmitted information related to national defense and conspired to share that data. This marks the latest legal move against the former director, who has remained a target for President Donald Trump since the start of the Russian interference investigation.

The new charges have been under judicial secrecy since October 5. Defense attorneys filed a motion ten days ago to dismiss the case. A formal indictment by a grand jury has not yet been issued in this instance. Comey responded to the news in a video published on Monday. He described the action as a 'terrible abuse' of the Department of Justice that the public cannot ignore. He stated that he remains innocent and does not fear his accusers.

The charges stem from an article published in The New York Times on October 5, 2016. The piece, written by reporter Charlie Savage, suggested that Yahoo had helped U.S. surveillance efforts by adjusting its spam filters. Assistant Special Federal Prosecutor Dustin Farahnak stated in a declassified document that the investigation found evidence Comey tried to correct erroneous information previously reported by Reuters. Farahnak said Comey instructed staff to speak with Savage about specific accuracy concerns, which resulted in the illegal transmission of classified data.

Comey's lawyers argue the case should be dismissed due to the statute of limitations. They contend the government had ten years to start the process by obtaining a formal indictment from a grand jury. Since the current charges are a document filed by prosecutors rather than a grand jury indictment, they claim the case has prescribed. Federal prosecutors counter that the charges were filed within the legal timeframe and that the defense is misinterpreting the applicable law.

Comey served as FBI director when the 2016 article appeared. Trump fired him in May 2017 after Comey began investigating Russian interference and its potential links to the Trump campaign. Trump has repeatedly called for Comey's prosecution, labeling him a 'corrupt cop' and a 'sick person.'

This is the third criminal case against Comey since the start of Trump's second term. A judge dismissed the first case. The second case arose on April 28, when Comey was indicted in North Carolina. That charge stemmed from his publication of a photo of seashells arranged to form the number '8647.' Comey has maintained his innocence in all instances.

Patrick Fitzgerald, Comey's attorney, said the first case was dismissed after the Justice Department used a non-federal prosecutor to request an indictment that was never presented to a grand jury. He noted that the new case involves an article investigated by two different prosecutor teams during Trump's first term. In both instances, the government determined no charges were needed. Fitzgerald stated that the government is now attempting to indict Comey for crimes he did not commit.

Fitzgerald added that Comey will fight the new charges firmly and publicly. He confirmed that the Justice Department filed the latest charges in the Eastern District of North Carolina. The attorney said the team would rely on their court filings for further details.