The Justice Department has filed a new criminal case against former FBI Director James Comey, accusing him of disclosing national defense information to someone who was not authorized to receive it, Fox News reports.
Federal prosecutors filed a two-count criminal information in U.S. District Court for the District of Columbia.
The counts allege that Comey communicated national defense information and that he conspired with others to unlawfully disclose it. Prosecutors allege that on or about Oct. 5, 2016, Comey knowingly and willfully communicated information related to the national defense to a person who was not entitled to receive it.
Fox News’ report does not identify the person who allegedly received the information.
The department said the filing was made to preserve the allegations before the statute of limitations expired, and that the investigation remains ongoing.
“The Department filed a waiverless criminal information to toll the statute of limitations as it relates to allegations concerning former FBI Director Comey,” a Justice Department spokesperson said. The spokesperson called the approach “a widely recognized practice in federal court” that multiple federal appeals courts have approved, and declined to comment further because the investigation is open.
Comey denied wrongdoing in an Instagram post Monday, calling the action an “appalling abuse of the Department of Justice.”
“Nothing’s changed with me. I’m still innocent. I’m not afraid of these people. And I still believe in the independent federal judiciary,” Comey said.
He added that his family and legal team would “stand up in court and fight the latest and whatever comes after this.”
The filing marks the third time the Justice Department under President Donald Trump has brought a criminal case against Comey.
An earlier case accusing him of lying to Congress was dismissed. A separate case stemming from his “86 47” seashell social media post is still pending.
Fox News’ report includes no comment from President Trump on the new filing.
What comes next is unclear. The Fox News report does not say whether the department intends to seek a grand jury indictment on the same allegations, and it does not describe the evidence behind them beyond the two counts in the filing.
The tally so far is three Trump-era criminal cases against Comey: one dismissed, one pending over the seashell post, and this latest filing, made while the investigation behind it continues.
