WASHINGTON (AP) — The Trump administration is attempting to prosecute James Comey for what it calls a decade-old leak of classified information, an effort the former FBI director's lawyers immediately dismissed as invalid and outside the legal time limit for when the Justice Department can file a criminal indictment.
The allegations from the Justice Department were revealed Monday in newly unsealed court documents that shed light on a closed-door fight that represents an unmistakable escalation in the administration's targeting of Comey, a longtime critic and foe of President Donald Trump who has faced two other criminal cases since the Republican returned to the White House last year. The effort to prosecute Comey is also part of a series of politically charged investigative actions the department has undertaken in the run-up to next week's midterm elections.
"Well, they're back — again," Comey said in a video statement Monday. "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."
The Justice Department said it had filed what's known as a "criminal information" to extend the statute of limitations for when they can permissibly bring an indictment.
"Filing a criminal information to toll the statute of limitations is a widely recognized practice in federal court and has been approved by multiple Circuit Courts of Appeals. This is an ongoing criminal investigation, and we will not comment further," a department spokesperson said.
An information can be filed without the approval of a judge or a grand jury's finding of probable cause to a court. Comey's lawyers made clear that they intend to fight the charges as invalid and barred by a 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. Mr. Comey steadfastly maintains his innocence," his attorney, Patrick Fitzgerald, said in a statement.
The latest allegation concerns an October 2016 New York Times story related to a secret court order that required Yahoo to scan emails for messages potentially linked to a foreign terrorist organization. The story cited two government officials who spoke on the condition of anonymity about the order from a judge on the Foreign Intelligence Surveillance Court that Yahoo was barred from publicly disclosing.
Federal authorities, including prosecutor John Durham, began investigating the disclosure in early 2017. Durham, who later investigated the FBI's conduct as it scrutinized potential ties between Russia and Trump's 2016 presidential campaign, wrote a classified memo in December 2018 recommending no criminal charges against anyone in connection with the disclosure, Comey's attorneys said in a recent court filing.
In January 2019, the U.S. Attorney's office for the District of Columbia opened a second investigation of the same matter under the code name "Tropical Vortex." But that investigation was closed without any charges filed in February 2020.