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DOJ files new charges against ex-FBI chief Comey over alleged 2016 leak

It is the third case against Comey under Trump's second term, and he says he is innocent while his lawyers seek dismissal.

22 news outlets reported this
Liberal10 outletsCenter6 outletsConservative6 outlets
Published 4 min read
Overview

The filed a two-count criminal information against former Director James Comey in federal court in Washington. It was filed under seal in early October and unsealed Monday by U.S. District Judge Trevor McFadden. The counts accuse Comey of transmitting national defense information and conspiring to do so.

Prosecutors allege that in October 2016 he had FBI staff contact a New York Times reporter to correct a Reuters report, disclosing classified information in the process. A criminal information is a charge filed by prosecutors without a . A Justice Department spokesperson said it was filed to toll, or pause, the statute of limitations, and called that a widely recognized practice approved by multiple .

Comey's lawyers have moved to dismiss, arguing the case is time-barred because an was needed within 10 years. His attorney, Patrick Fitzgerald, says two teams of prosecutors examined the article in Trump's first administration and brought no charges. Comey said in a video that he is innocent.

It is the third case against him in Trump's second term. The false-statements case was dismissed, and a case over a seashell "86 47" post is pending. The DOJ says the filing is routine.

Former prosecutors quoted by CBS, NBC and Straight Arrow News call it unusual.

Three sides of the story

Liberal10 outlets

Left-leaning outlets stress the unusual legal form of the case and its place in a pattern of actions against Comey. CBS News quotes former prosecutors and defense attorneys, including Michael Bromwich, a former Justice Department now working as a defense attorney, who say they had not seen an information used this way to pause a time limit. NBC News quotes Greg Rosen, a former supervisor in the #x27;s Office in D.C., calling the filing "vindictive."

Both outlets include the DOJ's statement that the practice is widely recognized. Time sets the case beside other Justice Department actions against Democrats, including a search warrant for Rep. Ilhan Omar's home and an indictment of Virginia Leader Louise Lucas, and includes a New York Times spokesperson's comment. The Guardian says the charges give few details and that legal experts have called the seashell case thin.

NBC and the Guardian note prosecutors must still obtain a grand jury indictment. The outlets also carry Comey's video and Fitzgerald's statement.

Center6 outlets

Centrist outlets vary between legal explanation and plain reporting of the charges. Straight Arrow News focuses on the mechanics. It calls the maneuver rare, quotes Laurie Levenson, a Loyola Law School professor and former federal prosecutor, plus Rosen and defense attorney David Oscar Markus, and relays the DOJ's argument that a general law overrides the espionage statute's deadline.

BBC explains the difference between an information and an indictment, covers the earlier cases, and quotes former federal prosecutor Glenn Kirschner, who gives the motion to dismiss a good chance and calls the case a "revenge-fuelled attempt." Axios gives the allegation, notes that a DOJ spokesperson declined further comment and that the White House referred questions to the DOJ, and adds Fitzgerald's statement and background on Trump firing Comey. The Wall Street Journal reports the department alleges Comey leaked national-defense information 10 years ago. BBC and Axios note the same-day ruling on Maurene Comey.

Conservative6 outlets

Right-leaning outlets mostly report the charges and filings, with fewer outside legal voices. Fox News gives the DOJ's position in detail, quoting its spokesperson on a "waiverless" information. It notes McFadden was appointed by Trump, has not ruled on the motion to dismiss, and that it is unclear when or if prosecutors will seek an indictment.

The Daily Wire leads with Trump calling Comey a "dirty cop" while saying he knows nothing about the case, and adds the attorneys' time-bar argument. The Federalist calls Comey a "disgraced" former director, says prosecutors allege he authorized then-FBI general counsel James Baker to give the Times classified details, and ties the matter to what it calls the "Russia collusion hoax." It also notes that Judge Jesse Furman, who ruled for Maurene Comey, was nominated by Obama.

The Daily Caller reports the charges and says the DOJ had not responded to its request for comment.

All sources: 32 articles from 22 outlets

Liberal (15)

Center (10)

Conservative (7)

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