The Justice Department has brought a third criminal case against former FBI Director James Comey, charging him with leaking classified information about government surveillance techniques to The New York Times in 2016.

The Dept of Justice has unsealed a superseding ‘information’ filing with the court that was originally sealed on October 5th when it was filed with the court.  The criminal information was filed October 5th because the ten-year statute of limitations was close (event date October 5, 2016) and the DOJ wanted to toll the statute, permitting prosecution of James Comey. {SEE pdf HERE} Comey is notified about potential charges stemming from the information as filed.

Former FBI Director James Comey and his attorneys were notified by the DOJ on October 9, 2016, that an information had been filed on October 5th.  Lawyers representing James Comey then asked the court to dismiss the case; however, in the DOJ response to the Comey motion the details of the violation are laid out {SEE pdf and Attachments Here}.

The Court records unsealed yesterday show federal prosecutors filed two felony charges against Comey October 5th in connection with a media leak. The charges stem from a Times article about Yahoo adapting its spam filter to accommodate surveillance requests from the FBI.

Whether the indictment succeeds or not (dual-justice DC trial issue), former FBI Director James Comey is going to have to pay money to defend himself.

WASHINGTON, Oct 26 (Reuters) – The US Justice Department is attempting to prosecute former FBI Director James Comey for a third time, the latest case accusing him of sharing sensitive national security information in 2016, according to court documents made public on Monday.

The case was revealed in a court document known as a “criminal information” that the Justice Department said it filed to stop the 10-year statute of limitations on the offense from expiring earlier this month.

The document filed in Washington federal court charges Comey with transmitting and conspiring to transmit national defense information. It alleges he shared classified information with a reporter from the New York Times in October 2016.

Comey said in a video on Instagram that “they’re back again” and referenced the Justice Department, but did not provide further details. “I’m still innocent,” he added. Comey’s lawyers have already asked a judge to dismiss the case, arguing it is legally improper.

“I think he’s a dirty cop,” President Donald Trump told reporters at Joint Base Andrews, Maryland, when asked about Comey. “I don’t know much about it,” he said.

The new case adds to the legal fights facing Comey, whom the Justice Department has already charged twice, accusing him of lying to Congress about media leaks and threatening Trump in a social media post. A judge dismissed the false statements case, while the threats case remains pending. (read more)

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