Comey’s lawyers challenge third DOJ charge in court over 2016 leak

Key points

• Comey’s legal team is seeking to dismiss the third criminal case against him, arguing the Justice Department’s use of a 'criminal information' instead of a grand jury indictment is an invalid attempt to bypass the 10-year statute of limitations.
• The charges allege that in October 2016, Comey illegally disclosed classified information to a New York Times reporter regarding a secret court order that required Yahoo to scan emails for foreign terrorist links.
• The case is the third criminal action against Comey in over a year, following a dismissed case for lying to Congress and a pending case over an Instagram post of seashells arranged to spell '86 47'.
• The Justice Department argues that filing a criminal information is a standard practice to toll the statute of limitations, while Comey’s attorneys contend the case is time-barred and was previously investigated by two separate U.S. attorneys' offices that declined to bring charges.
• The hearing comes in the run-up to the midterm elections, amid a broader pattern of politically charged investigative actions by the Trump administration, including the illegal firing of Comey’s daughter, Maurene, as a federal prosecutor.

Background

This case is part of a long-standing feud between Trump and Comey, who was fired as FBI director in 2017. The two have been at odds since then, with Trump calling for Comey's imprisonment and Comey publishing a critical memoir. The current case follows two other criminal actions against Comey in the past year, one of which was dismissed due to the illegal appointment of the prosecutor. The DOJ's recent actions, including the firing of Comey's daughter and the pursuit of other political cases, have been characterized by critics as a retribution campaign.

How outlets are covering it

The Justice Department maintains that filing a criminal information is a widely recognized practice to toll the statute of limitations and that the case is an ongoing investigation. In contrast, Comey's legal team, led by Patrick Fitzgerald, argues the case is legally invalid and time-barred, noting that two prior investigations by the U.S. attorneys' offices declined to bring charges. Legal experts like Sarah Krissoff have called the DOJ's handling 'disturbing' and questioned the mechanism used to bring the case, suggesting it undermines the government's own complaint. The case is seen by some as part of a broader pattern of politically charged actions by the Trump administration in the lead-up to the midterm elections.

Why it matters

The outcome of this case could set a precedent for the use of criminal information to bypass the statute of limitations in high-profile political cases. It also highlights the ongoing tensions between the Trump administration and its perceived political opponents, and the role of the federal judiciary in upholding the rule of law in politically sensitive cases.

What to watch

A federal judge, Trevor McFadden, is expected to hear arguments on Friday regarding Comey's motion to dismiss the case. The judge's decision will determine whether the case can proceed or if it will be dismissed as time-barred. The outcome could have implications for other politically charged cases being pursued by the DOJ.