James Comey Charged for Third Time by Trump Department of Justice — for Violating Espionage Act

The charging of the former FBI director James Comey for the third time on the same day that his daughter secured a major victory against the Trump Administration underscores the antagonism between the 47th president and Mr. Comey.The new charges of transmission of national defense information and conspiracy to transmit national defense information were handed up at federal court at the District of Columbia. Mr. Comey is also charged in North Carolina with threatening Mr. Trump’s life with an Instagram post that displayed an “86 47” seashell formation on a beach. The government alleges that the formation was slang for an intention to kill the 47th president. Now the government alleges in its complaint that Mr. Comey “knowingly and willfully communicated, delivered, transmitted,” confidential information to a person not entitled to receive it.” The complaint accused Mr. Comey of transmitting the information on a “date unknown” — but one that falls between October 4, 2016, and the date of the charges, October 26, 2026. Mr. Comey was director of the FBI on October 4, 2016. While the complaint does not specify the nature of the illegal transmissions, they appear to concern two leaks from the former deputy director of the Federal Bureau of Investigation, Andrew McCabe. In 2016 he disclosed to the New York Times details of the FBI’s investigation into the Clinton Foundation. Last year, Mr. Comey was charged in Virginia with lying to Congress in 2020 about that same investigation. Those charges, though, were dismissed after Judge Cameron McGowan Currie foun that the acting United States attorney on the case, Lindsey Halligan, was improperly appointed by Attorney General Pam Bondi. The DOJ appealed that ruling to the Fourth United States Appeals Circuit, which heard oral aruments last month. Mr. Comey alleges that both those charges and the ones levied against him for the seashells post are “selective and vindictive” and ought to be immediately dismissed.In a video message posted after the newest charges were brought in, Mr. Comey declares “well they’re back again. It would almost be funny if it was not such an appalling bause of the Department of Justice, one that we cannot become numb to.” He asserts that “Nothing’s changed with me. I’m still innocent. I’m still not afraid of these people, and I still believe in the independent federal judiciary.” And I’m still lucky to have an amazing family and an incredible group of lawyers that will stand up in court and fight the latest and whatever comes after this.” Mr. Comey’s attorney, the former prosecutor Patrick Fitzgerald, declared in a statement after the complaint was unsealed that “For the third time in little more than one year, the Department of Justice has attempted to charge Mr. Comey with a federal crime. Mr. Comey steadfastly maintains his innocence.” He adds that the “Government filed an ‘Information’ against Mr. Comey that was not approved by a judge nor issued by a grand jury. It purports to charge Mr. Comey with crimes that he did not commit.”An “information” is a written charging document filed directly by a prosecutor with a court to initiate criminal proceedings. Unlike an indictment, it does not require a grand jury vote. The Legal Information Institute explains that if the “charge is a felony, a preliminary hearing must follow to determine whether there is enough evience to proceed.” The charges now levied against Mr. Comey are the same ones that Mr. Trump faced — many times over — for his retention of classified documents at Mar-a-Lago. That case was brought by Special Counsel Jack Smith, and could have sent Mr. Trump to prison for decades. In the event, Judge Aileen Cannon ruled that Mr. Smith had been unlawfuly appointed by Attorney General Merrick Garland, and disqualified him — and dismissed the charges he brought. Mr. Smith appealed to the 11th United States Appeals Circuit, but the petition was withdrawn when Mr. Trump won reelection.

James Comey Charged for Third Time by Trump Department of Justice — for Violating Espionage Act

James Comey Charged for Third Time by Trump Department of Justice — for Violating Espionage Act

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