Justice Department files new charge against Comey to halt statute clock

The US Justice Department filed a new criminal information against former FBI director James Comey on October 5 to stop the 10-year statute of limitations from expiring. The document charges Comey with transmitting and conspiring to transmit national defense information.

Court records indicate the alleged offense occurred in October 2016, when Comey shared classified information with a New York Times reporter. The filing remained sealed until Monday, when Comey's legal team requested the court unseal it.

This marks the third federal prosecution against Comey. The Justice 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.

Comey responded to the news via an Instagram video, stating, "they're back again." He referenced the Justice Department and added, "I'm still innocent." His lawyers have already filed a motion to dismiss the new case, arguing the legal procedure is improper.

Patrick Fitzgerald, Comey's attorney, issued a statement claiming the document "purports to charge Mr. Comey with crimes that he did not commit." A Justice Department spokesperson described the filing as a "widely recognized practice in federal court" to preserve the government's right to prosecute.

The Justice Department stated it is conducting an ongoing criminal investigation and will not comment further. The next scheduled step is the judicial review of the motion to dismiss filed by Comey's legal team.