DOJ Revives Comey’s Ten-Year-Old Leak Case. His Lawyers Say Time Ran Out.

The Justice Department has returned to a 2016 disclosure allegation against James Comey, opening a third prosecution attempt against the former FBI director under the current Trump administration, Reuters and AP report. Comey denies wrongdoing. His lawyers say the government missed its deadline.

Prosecutors filed a criminal information on October 5 and made it public on October 26 at the defense’s request, according to Reuters. The document accuses Comey of transmitting and conspiring to transmit national-defense information to a New York Times reporter in October 2016.

The immediate fight concerns whether that filing preserved the government’s ability to prosecute. The Justice Department says the procedure stops the ten-year limitations clock and is recognized in federal court. Comey’s lawyer, Patrick Fitzgerald, calls the case legally improper and says his client did not commit the alleged crimes.

AP links the allegation to a New York Times report about a secret court order requiring Yahoo to scan emails for messages potentially connected to a foreign terrorist organization. The dispute therefore reaches back to the disclosure of a surveillance operation, rather than a new alleged leak.

The matter had already been investigated. AP reports that Comey’s attorneys say John Durham recommended no charges in December 2018; a second investigation closed in February 2020 without charges. Those earlier decisions form part of the defense’s challenge to the renewed prosecution.

Comey is also fighting a separate case over a social-media post that officials treated as a threat against Trump. An earlier false-statements prosecution was dismissed. The Justice Department says its latest investigation remains ongoing; the new disclosure allegations have produced no finding of guilt.