Latest Criminal Case Against James Comey Could Collapse From a Fatal Flaw — Father Time

The third criminal case brought by the Department of Justice against former FBI director James Comey, this time for the mishandling of classified documents, could be hobbled by a fatal flaw — an expired clock.The “criminal information” against Mr. Comey, which was filed in federal district court in Washington this month and unsealed on Monday — the same day that his daughter Maurene secured a victory against the Trump administration — alleges that he mishandled national defense information in October 2016 that eventually made its way into an article in The New York Times. A criminal information is a charging document filed directly by a prosecutor that bypasses a grand jury.The docket unsealed on Monday also discloses that Mr. Comey has endeavored — so far unsuccessfully — to have the charges dismissed. Mr. Comey is accused of knowingly and willfully causing national defense information to be “communicated, delivered and transmitted to a person not entitled to receive it.” That is the same crime for which President Trump was indicted by Special Counsel Jack Smith. Mr. Comey faces two counts, each of which carries a potential prison sentence of 10 years.In a video released after the charges were disclosed, Mr. Comey declared, “I’m still innocent. I’m still not afraid of these people” and that the case against him “would almost be funny if it weren’t such an appalling abuse of the Department of Justice, one that we cannot become numb to.” He asserted that “nothing’s changed with me” and “I still believe in the independent federal judiciary.” Mr. Comey also lauded his “amazing family and an incredible group of lawyers.”Mr. Comey’s argument for dismissal centers on the 10-year statute of limitations for the crime of which he is accused. The Justice Department contends that the filing of the information against Mr. Comey “tolls,” or pauses, the expiration of that window. “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,” the government declared in a statement, adding, “This is an ongoing criminal investigation, and we will not comment further.”Mr. Comey’s alleged crime took place on October 5, 2016. That means the statute of limitations would have expired on October 5, 2026. That was the same day the Justice Department filed its information against Mr. Comey in what appears to be an effort to freeze the clock. Mr. Comey, though, contends that what he calls a “faulty” document “cannot save the charges,” which he insists are “time barred” and ought to be dismissed posthaste.The Federal Rules of Criminal Procedure mandate that offenses punishable by death or “imprisonment for more than one year” must be prosecuted by indictment unless the “defendant — in open court and after being advised of the nature of the charge and of the defendant’s rights — waives prosecution by indictment.” Mr. Comey has not consented to such a waiver. The Constitution commands that “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury.”The default statute of limitations for non-capital federal offenses is five years, but Congress, in the Internal Security Act of 1950, extended the deadline to seek an indictment in cases like the one in which Mr. Comey is charged to 10 years. The government, though, may be allowed to pursue charges after the statute of limitations has run if an earlier prosecution was dismissed. That rule surfaced in connection with the charging of Mr. Comey last year with lying to Congress in 2020.Acting United States Attorney Lindsey Halligan charged Mr. Comey five days before the statute of limitations ran out in that case. The prosecution was later dismissed by Judge Cameron McGowan Currie, who found that Ms. Halligan was unlawfully appointed. The government appealed that ruling but did not try to reindict Mr. Comey before a new grand jury — a reticence that could stem from doubt over whether the case had expired.Mr. Comey’s motion avers that “there is no time left on the clock” for this case. He also claims that “multiple federal law enforcement officials have surveilled his whereabouts.” It appears, though, that his argument has been rejected, at least for the time being. The case has not been dismissed.Mr. Comey is also facing criminal charges in a separate case in North Carolina, where the government has charged him with threatening Mr. Trump’s life in an Instagram post featuring seashells arranged in an “86 47” formation. The start of that case has been delayed until 2027.

Latest Criminal Case Against James Comey Could Collapse From a Fatal Flaw — Father Time

Latest Criminal Case Against James Comey Could Collapse From a Fatal Flaw — Father Time

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