DOJ files third charge against James Comey

The 10-year statute of limitations on a specific federal offense expired earlier this month, prompting the Justice Department to act before the clock ran out. A document known as a criminal information was filed in Washington federal court on October 5 to preserve the government's ability to pursue the case.

The filing charges James Comey with transmitting and conspiring to transmit national defense information. The department alleges that in October 2016, Comey shared classified information with a reporter from the New York Times. The document remained sealed until Monday, when it was unsealed at the request of Comey's legal team.

Comey responded to the news in an Instagram video posted on Monday. He stated, "they're back again," referencing the Justice Department. He added, "I'm still innocent," though he offered no further details regarding the specific allegations.

This is the third federal prosecution against Comey. The department previously charged him with lying to Congress about media leaks and threatening President Donald Trump in a social media post. A judge dismissed the false statements case, while the threats case remains pending. Patrick Fitzgerald, Comey's lawyer, said in a statement that the document "purports to charge Mr. Comey with crimes that he did not commit." Fitzgerald has asked a judge to dismiss the new case as legally improper.

A Justice Department spokesperson described the filing to halt the statute of limitations as a "widely recognized practice in federal court." The spokesperson also noted, "This is an ongoing criminal investigation, and we will not comment further."