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Comey lawyers ask judge to block third Justice Department case
The Associated Press and The Guardian report that former FBI director James Comey's lawyers will argue Friday that a leak-related criminal information filed without a grand jury is legally invalid.
Based on reporting by The Guardian and CityNews Toronto and Stuff
Wire reporting: (AP, via CityNews Toronto)
Lawyers for former FBI director James Comey were expected to ask a federal judge in Washington on Friday to block the Justice Department from pursuing a third criminal case against him1,2,3.
Court papers unsealed Monday showed the administration this month filed a criminal information, bypassing a grand jury, over a decade-old news-media leak allegation that had been investigated before1,2,3.
The department has said the filing was meant to extend the time limit for seeking a grand jury indictment; Comey's lawyers have called the case legally invalid1,3. U.S. District Judge Trevor McFadden, a Trump nominee, was set to hear the dispute Friday1,2,3.
Comey, who says he is innocent, was fired as FBI director in May 2017 while overseeing the investigation of possible ties between Trump's 2016 campaign and Russia1,2,3.
A prior Virginia case accusing him of lying to Congress in 2020 was dismissed after a judge found the prosecutor was illegally appointed1,2,3. A separate indictment over an Instagram photo of seashells arranged as "86 47" remains pending1,2.
The leak allegation concerns an October 2016 New York Times report on a secret court order requiring Yahoo to scan emails; federal inquiries in 2017-2018 and a later D.C. probe code-named Tropical Vortex closed without charges, according to the accounts1,2,3.
Sources
How it’s being reported
2 sourcesFirst reported by
CityNews Toronto
James Comey lawyers seek to have third criminal case dismissed
Gives this outlet’s account of the story.
Lawyers for ex-FBI Director James Comey will ask a judge to block Justice Department prosecution
Gives this outlet’s account of the story.
Same copy also at: (AP, via Stuff)
Where they agree
- Friday hearing before Judge Trevor McFadden on whether the criminal information is valid
- The leak matter was previously investigated without charges
- Comey says he is innocent