James Comey faces new DOJ case over alleged national defense disclosure

By Fox News · Fox News

The Justice Department filed a criminal information against former FBI Director James Comey over allegations that he willfully communicated national defense information to an unauthorized person in connection with an alleged 2016 disclosure. Federal prosecutors filed the two-count criminal information in U.S. District Court for the District of Columbia , alleging Comey communicated national defense information and conspired with others to unlawfully disclose it. The Justice Department said that the filing was made to preserve the allegations before the statute of limitations expired as an investigation remains ongoing. NEW FEDERAL GRAND JURY SUBPOENA ISSUED TO FORMER JAMES COMEY ADVISOR IN LEAK INVESTIGATION: SOURCES "The Department filed a waiverless criminal information to toll the statute of limitations as it relates to allegations concerning former FBI Director Comey," a spokesperson for the DOJ said. "Filing a criminal information to toll the statute of limitations is a widely recognized practice in federal court and has been approved by multiple Circuit Courts of Appeals. This is an ongoing criminal investigation, and we will not comment further." Comey's attorneys have challenged the filing. They've argued that prosecutors cannot move forward with the case without first obtaining an indictment from a federal grand jury. U.S. District Judge Trevor McFadden held an emergency, closed-door hearing on Oct. 9 after Comey’s attorneys moved to dismiss the case and unseal the proceedings. McFadden, who was appointed to the federal bench by President Donald Trump in 2017, granted the request to unseal the case but has not ruled on Comey's motion to dismiss. OBAMA JUDGE RULES TRUMP DOJ ILLEGALLY FIRED JAMES COMEY'S DAUGHTER, REJECTS SWEEPING ARTICLE II CLAIM It remains unclear when or if prosecutors will seek an indictment from a grand jury. Prosecutors allege that on or about Oct. 5, 2016, Comey knowingly and willfully communicated information related to the national…