DOJ Files 10-Year-Old Leak Charges Against Comey

The Justice Department filed a document Monday that resets the clock on a criminal case involving a leak of classified information from 2015. This action, known as a criminal information, extends the statute of limitations, giving prosecutors more time to bring a formal indictment. The filing marks the third criminal proceeding against former FBI director James Comey in less than a year.

The details emerged from court documents unsealed on Monday, which described a closed-door dispute within the administration. The move represents a sharp escalation in the Trump administration's legal actions against Comey, a prominent critic of President Donald Trump. Comey has faced two other criminal cases since the president returned to the White House last year.

Comey responded quickly via video, expressing frustration at the repeated legal attacks. “Well, they’re back, again,” he said. He described the move as an “appalling abuse of the Department of Justice” but maintained his stance of innocence. “I’m still not afraid of these people, and I still believe in an independent federal judiciary,” he added.

A spokesperson for the Justice Department defended the procedural step, noting that filing a criminal information to toll the statute of limitations is a standard practice in federal courts. The department stated that multiple Circuit Courts of Appeals have approved the method. Officials described the matter as an ongoing criminal investigation and said they would not comment further.

Legal experts note that an information can be filed without a judge's approval or a grand jury finding of probable cause. Patrick Fitzgerald, Comey's attorney, said his client intends to fight the charges on the grounds that they are barred by the 10-year statute of limitations. “For the third time in little more than one year, the Department of Justice has attempted to charge Mr. Comey with a federal crime,” Fitzgerald said.

The current case is distinct from the two previous charges against Comey. The first case, filed in federal court in Virginia, accused him of lying to Congress in 2020. A judge dismissed that case because the prosecutor was illegally appointed. A second indictment is pending, charging Comey with threatening Trump through an Instagram photo of seashells arranged to read “86 47.”

Comey has sought to dismiss the pending seashell case, and some legal observers have expressed skepticism about its validity. The new filing related to the 2015 leak adds a fresh layer to the legal battles facing the former FBI director. The Justice Department has not yet indicated when a grand jury will be convened or when a formal indictment might be filed.