WHAT YOU NEED TO KNOW
  • The Justice Department filed a two count criminal information accusing James Comey of communicating national defense information and conspiring to disclose it unlawfully.
  • Officials said the filing preserved the allegations before the statute of limitations expired while the investigation continues.
  • Comey’s attorneys argue prosecutors cannot proceed without first obtaining an indictment from a federal grand jury.
  • Comey denied wrongdoing, called the action an “appalling abuse” and vowed to fight the allegations in court.

The Justice Department has filed a criminal information against former FBI Director James Comey, accusing him of willfully communicating national defense information to an unauthorized person during an alleged disclosure in 2016. Comey denies wrongdoing and has vowed to fight the allegations in federal court.

Federal prosecutors filed the two-count criminal information in the U.S. District Court for the District of Columbia. The filing alleges that Comey communicated national defense information and conspired with other people to disclose it unlawfully.

The Justice Department said the criminal information was filed to preserve the allegations before the applicable statute of limitations expired. Officials also emphasized that the investigation remains active, leaving open the possibility of additional action.

“The Department filed a waiverless criminal information to toll the statute of limitations as it relates to allegations concerning former FBI Director Comey,” a Justice Department spokesperson said.

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“Filing a criminal information to toll the statute of limitations is a widely recognized practice in federal court and has been approved by multiple Circuit Courts of Appeals. This is an ongoing criminal investigation, and we will not comment further.”

Comey’s attorneys have challenged that maneuver. They argue that federal prosecutors cannot proceed with the case unless they first secure an indictment from a federal grand jury.

U.S. District Judge Trevor McFadden held an emergency hearing closed to the public on Oct. 9 after Comey’s attorneys sought dismissal of the case. His lawyers also asked the court to unseal the proceedings surrounding the filing.

McFadden, who was appointed to the federal bench by President Donald Trump in 2017, granted the request to unseal the case. He has not issued a ruling on Comey’s request to dismiss the matter.

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It remains unclear whether prosecutors will seek an indictment from a federal grand jury or when they might take that step. The Justice Department has declined to provide additional comments because the criminal investigation is ongoing.

According to prosecutors, the alleged disclosure occurred on or about Oct. 5, 2016. They claim Comey knowingly and willfully communicated information related to the national defense to someone who was not entitled to receive it.

The second allegation concerns an alleged conspiracy involving Comey and other people. Prosecutors contend that Comey conspired with others to disclose national defense information unlawfully, although the investigation has not yet produced a grand jury indictment.

Comey responded Monday through a post on Instagram, where he rejected the government’s allegations. The former FBI director called the Justice Department’s latest action an “appalling abuse of the Department of Justice.”

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“Nothing's changed with me. I'm still innocent. I'm not afraid of these people. And I still believe in the independent federal judiciary,” Comey said.

Comey also said his family and legal team would “stand up in court and fight the latest and whatever comes after this.” His response placed his denial squarely alongside his continued confidence in the federal judiciary as the procedural battle unfolds.

The criminal information represents the third attempt by the Justice Department under President Donald Trump to prosecute Comey. A previous case accusing Comey of lying to Congress was dismissed, while another case connected to his “86 47” seashell social media post remains pending.

For now, the new matter centers on whether the Justice Department’s criminal information can preserve the allegations while prosecutors continue investigating. Comey’s attorneys are pressing for dismissal, and McFadden has yet to decide on their motion.

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