Justice Department files third charge against Comey

Federal prosecutors opened a new front in their case against former FBI Director James Comey.

The Justice Department filed a criminal information in Washington federal court on October 5. The filing accuses Comey of sharing national defense information with a New York Times reporter in October 2016. The department stated the document was necessary to prevent the 10-year statute of limitations from expiring earlier this month.

Comey’s legal team unsealed the record on Monday. They asked a judge to dismiss the case immediately. Their argument is that the filing is legally improper because it charges crimes that did not happen.

Patrick Fitzgerald, a lawyer for Comey, said in a statement that the document purports to charge his client with offenses he did not commit. Comey addressed the news in an Instagram video on Monday. He said the Justice Department is back again and reaffirmed that he is still innocent.

This is the third federal case brought against Comey. The first case, which accused him of lying to Congress, was dismissed by a judge. A second case regarding threats made against President Donald Trump remains pending. A Justice Department spokesperson called the statute of limitations move a widely recognized practice in federal court. The department said the matter is an ongoing criminal investigation and will not provide further comment.