Justice Department files third charge against Comey to beat 10-year deadline

James Comey now faces a third federal prosecution. Court documents released on Monday show the US Justice Department filed a criminal information to halt a 10-year statute of limitations clock that was set to expire in October. The filing stops the legal deadline from running out before a formal indictment can be issued.

The charge alleges that Comey transmitted and conspired to transmit national defense information. Specifically, the document states he shared classified material with a New York Times reporter in October 2016. The case is currently pending in Washington federal court.

Comey responded to the news in a short Instagram video. He stated, "they're back again," while referencing the Justice Department. He added, "I'm still innocent." His legal team has already moved to have the case thrown out, arguing the filing is legally improper.

Patrick Fitzgerald, Comey's lawyer, issued a statement saying the document "purports to charge Mr. Comey with crimes that he did not commit." Fitzgerald noted that the document was originally filed on October 5 but remained sealed until his team requested its release on Monday.

This latest case joins two other legal battles against the former FBI director. 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, but the threats case is still pending.

A Justice Department spokesperson called the statute of limitations maneuver a "widely recognized practice in federal court." The spokesperson added, "This is an ongoing criminal investigation, and we will not comment further."