Comey charged with leaking 2016 intel

Former FBI Director James Comey faces two new criminal counts as of this afternoon. The Justice Department unsealed the case at 3:00 p.m., marking the third time the agency has charged him during the current administration. The charges stem from events in October 2016, when Comey was still leading the bureau. Prosecutors allege he directed FBI staff to speak with a reporter from The New York Times. This conversation allegedly led to the publication of sensitive information regarding U.S. email surveillance on October 5, 2016.

The legal filing is unusual in its timing. Court papers show the Justice Department filed the case on October 5 of this year. That date is ten years to the day from the original article publication. Comey's legal team argues this action expired the statute of limitations. They filed a motion to dismiss the case on that basis. The government filed a criminal information rather than a grand jury indictment. Comey's attorneys contend that this specific filing method closed the window for prosecution under federal law. The Justice Department disagrees with that interpretation. The court has not yet ruled on the motion to dismiss.

The case has been moving behind closed doors for three weeks. Legal filings indicate the Justice Department has been pursuing this matter since early October. The public only learned of the charges when the court unsealed the documents today. Comey's lawyers state that two separate U.S. attorneys previously investigated this specific incident. Both prosecutors declined to bring charges. The current Justice Department is now moving forward with the case despite those prior decisions.

Comey reacted to the news on social media shortly after the unsealing. He posted a video statement to Instagram. In the clip, he said, "Well, they're back. Again. It would almost be funny if it weren't such an appalling abuse of the Department of Justice, one that we cannot become numb to. Nothing's changed with me. I'm still innocent. I'm still not afraid of these people. And I still believe in the independent federal judiciary."

This is the third criminal case the Justice Department has brought against Comey. The first case involved alleged false statements and obstruction related to congressional testimony. A court dismissed that case. The second case centers on alleged threats against President Trump. That charge is tied to a photo of seashells Comey posted on social media. He is currently challenging that case as well. In his defense arguments, Comey claims he is facing selective and vindictive prosecution because of his public criticism of the president.

The new charges carry two specific counts. One count is for the alleged disclosure of sensitive information. The second count is for a conspiracy to disclose that information. The case centers on the October 5, 2016, New York Times article. Prosecutors say the leak occurred because Comey told FBI staff to talk to the reporter. The incident took place a decade ago. The current legal battle focuses on the procedural method used to bring the charges to light.