Comey faces two fresh charges over alleged 2016 leak
The case tests limits on prosecuting former law enforcement officials.
Overview
Former FBI director James Comey is facing two federal charges over an alleged 2016 disclosure of . Prosecutors say that, on October 4 and 5, while Comey led the FBI, he directed then-general counsel James Baker to provide information to a national news publication about . The charges allege unlawful transmission of the information and conspiracy to transmit it. Earlier prosecutors investigated the disclosure but did not charge Comey, making the renewed case politically sensitive.
The Justice Department filed a under seal on October 5, saying it needed to preserve the case while seeking a and avoiding harm to its investigation. An information is filed by prosecutors, unlike a complaint or an indictment approved by a grand jury. Comey says the filing came too late, that an indictment was required within the 10-year deadline, and that reviving a previously rejected case suggests . unsealed the case at Comey’s request and must decide his motion to dismiss. The ruling could affect the prosecution, press-source protections, national-defense law, and confidence in law-enforcement independence.
Timeline
Comey’s defense challenged the new prosecution’s statute-of-limitations basis
Comey’s lawyers moved to dismiss, arguing that the Justice Department’s sealed filing did not preserve the charges because an indictment was not returned within the applicable .
The Justice Department said it still sought a grand-jury indictment
DOJ said the October 5 information was filed to stop the from expiring and that prosecutors continued seeking an indictment. The department’s approach places the validity of a waiverless information, rather than an indictment, at the center of the initial legal dispute. The case also raises questions about , law-enforcement independence, press-source protections, and the reach of national-defense-information law.
Judge McFadden unsealed the charges at Comey’s request
The court made the public after Comey’s attorneys requested unsealing. The filing identifies two allegations, transmitting national-defense information and conspiring to do so, but does not constitute a . A is a prosecutor-filed charging document, while a complaint generally initiates a case through an accusation and an indictment is returned by a grand jury.
James Comey allegedly directed an intermediary to disclose national-defense information
The new criminal information alleges that Comey, while serving as FBI director, caused to be communicated to someone not entitled to receive it. Prosecutors say the conduct occurred around October 4 and 5, 2016, and involved an intermediary who provided information to a reporter for a national news publication. Comey denies violating the law.
James Comey moved to dismiss the sealed case
Comey’s lawyers filed a and sought an . They argued that the filing did not satisfy the statute-of-limitations requirement because prosecutors had not obtained a grand-jury indictment within the 10-year period. The defense also argued that the alleged disclosure had already been examined without charges and categorically denied that Comey violated the law.
Judge Trevor McFadden sealed Comey’s case at the Justice Department’s request
Court records show that McFadden granted the Justice Department’s motion to seal the case on October 5. The case was unsealed on October 26, but the records do not establish that prosecutors were seeking an indictment during the sealed period.
The Justice Department filed a sealed criminal information against Comey
Federal prosecutors filed two felony counts in Washington, accusing Comey of transmitting and conspiring to transmit it. DOJ described the filing as a intended to toll the 10-year statute of limitations while it pursued a grand-jury indictment. The department asked the court to seal the case, citing the risk that disclosure would compromise an ongoing investigation.
Judge McFadden must decide whether the information preserved the case
The next major court action is consideration of Comey’s dismissal motion and the dispute over whether DOJ’s can toll the without a . If the judge grants the motion, the new prosecution could end at the trial-court stage. If he denies it, prosecutors would continue toward an indictment and litigation over the alleged disclosure and the government’s charging decisions.
Earlier prosecutors declined to charge Comey over the alleged disclosure
Comey’s lawyers say the alleged leak had previously been investigated and did not result in criminal charges. They cite that earlier prosecutorial decision in arguing that the new case is legally improper and potentially selective. The available reporting identifies the prior investigation through Comey’s dismissal filings and related court papers.
The alleged disclosure appeared in reporting about FBI surveillance requests
The prosecution links the alleged disclosure to a New York Times article concerning to accommodate FBI surveillance requests. Court filings identify then-FBI General Counsel as the alleged intermediary whom Comey authorized to communicate with the publication. The allegations concern conduct from Comey’s time as FBI director.