Third Federal Charge Filed Against Comey

Former FBI Director James Comey is facing a third federal prosecution, this one centered on a 2016 disclosure of classified material to a reporter. The case could alter his legal standing as two earlier matters proceed or conclude.

A Justice Department criminal information filed October 5 in Washington federal court charges Comey with transmitting and conspiring to transmit national defense information. The filing alleges he shared classified material with a New York Times reporter in October 2016. The Justice Department said it filed the document to prevent the 10-year statute of limitations on the offense from expiring earlier this month. Comey's lawyers requested the unsealing Monday and have asked a judge to dismiss the case, arguing the charge is legally improper.

Comey addressed the matter in an Instagram video, saying "they're back again" and referring to the Justice Department. He did not provide further details. "I'm still innocent," he added. His lawyer, Patrick Fitzgerald, said the filing "purports to charge Mr. Comey with crimes that he did not commit."

The Justice Department has already charged Comey twice, accusing him of lying to Congress about media leaks and of threatening President Donald Trump in a social media post. A judge dismissed the false statements case; the threats case remains pending. A Justice Department spokesperson described the filing to halt the statute of limitations as a "widely recognized practice in federal court" and said the investigation is ongoing.

The criminal information was filed October 5 and unsealed Monday at the request of Comey's lawyers.