James Comey faces third attempt by DOJ to bring criminal charges

Summarised from 3 outlets · Updated 30 Oct, 11:13 · Archive

Former FBI Director James Comey's lawyers will argue on Friday for dismissing the Justice Department's latest attempt to charge him with leaking classified information.

Former FBI Director James Comey will return to federal court on Friday, where his legal team will argue for dismissing the Justice Department's latest attempt to bring criminal charges against him. Prosecutors seek to charge Comey for a third time, alleging he violated the Espionage Act by transmitting national defence information to someone not authorised to receive it in connection with a 2016 New York Times article. The alleged disclosure took place on 5 October 2016.

Comey has not been formally charged by criminal complaint or indicted by a federal grand jury. Instead, federal prosecutors filed a criminal information, an uncommon manoeuvre that does not require approval by a grand jury or a finding by a magistrate that there is probable cause a crime was committed. The Justice Department said it took this step to preserve the government's case before a ten-year statute of limitations runs out.

Comey's legal team argues the case should be dismissed, stating that the alleged disclosure was previously investigated by two separate U.S. attorneys' offices, both of which declined to bring charges. They claim the statute of limitations has expired. Comey 'steadfastly maintains his innocence', according to his lawyers.

How it is being reported

• James Comey in court to seek Trump administration charges droppedFormer FBI director James Comey is in court on Friday as his defense team seeks to have the Trump administration's charges against him tossed.UPI · 30 Oct, 14:19
• James Comey lawyers seek to have third criminal case dismissedFederal judge to hear arguments on Friday over leak case that was twice previously investigated with no action taken Lawyers for the former FBI director James Comey will ask a federal judge on Friday to block the US justice department from pursuing its third criminal case against him. Comey is an outspoken critic of Donald Trump, in open feud since the US president fired him from that post early in his first term, and he is a frequent target of Republican outrage. Continue reading...Guardian World · 30 Oct, 12:26
• DOJ and Comey's lawyers to face off today over latest attempt to charge himFormer FBI Director James Comey will be back in a federal courtroom on Friday, as his legal team prepares to argue for dismissing the Justice Department's latest attempt to criminally charge him.CBS News · 30 Oct, 10:00

In this story: James Comey · Federal Bureau of Investigation · Department of Justice · New York Times

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