Justice Department charges Comey with 2016 classified document leak

The Justice Department charged former FBI Director James Comey with two counts of wrongfully transmitting national defense information in 2016, according to a criminal complaint unsealed Monday. The charges were filed on Oct. 5 under 18 U.S. Code Section 793 and carry a prison term of up to 10 years if convicted.

Prosecutors allege Comey transmitted a sensitive national-defense document to New York Times reporter Charlie Savage on Oct. 5, 2016, for an article about Yahoo’s alleged assistance with U.S. email surveillance. Special Assistant U.S. Attorney Dustin Farahnak said the article contained first-time disclosures of classified information from an internal government email circulated hours before publication.

“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 an independent federal judiciary.”

Comey’s lawyers moved to dismiss the charges on Oct. 9, arguing the statute of limitations for the 2016 conduct ended in 2021. They contend the government filed the case outside the 10-year window by five days and has not obtained a grand-jury indictment.

The Justice Department said it filed a criminal information to toll the statute of limitations, calling the practice widely recognized in federal court. A department spokesperson declined further comment, citing an ongoing criminal investigation.

Comey called the effort an appalling abuse of the Justice Department in a video statement, insisting he remains innocent and unafraid. His attorney Patrick Fitzgerald said this is the third federal criminal case against Comey in little more than one year.

Comey has faced two other criminal cases since President Donald Trump returned to the White House last year. The new prosecution effort comes ahead of next week’s midterm elections.