James Comey lawyers seek to have third criminal case dismissed
Summary
James Comey’s lawyers are asking a federal judge to dismiss a third criminal case against him, challenging the Justice Department’s use of a charging document filed without a grand jury indictment. The case concerns an alleged 2016 leak about a secret court order, which authorities investigated before closing the matter without charges in 2020.Key Facts
- The Justice Department filed a criminal information this month over an alleged leak to The New York Times in October 2016.
- The department said the filing was intended to extend the time limit for seeking a grand jury indictment.
- Comey’s lawyers argue that the case is legally invalid.
- Judge Trevor McFadden was expected to hear arguments in Washington, DC, on Friday.
- A federal judge dismissed an earlier case accusing Comey of lying to Congress, ruling that the prosecutor who brought it was illegally appointed.
- A separate pending indictment accuses Comey of threatening Trump through an Instagram post showing seashells arranged as “86 47”; Comey has sought to dismiss that case.
- Investigators examined the 2016 leak in 2017, and a 2018 memo recommended no charges; a second investigation closed without charges in 2020.
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