Justice Department Files Tactic to Keep Comey Leak Case Alive

The Justice Department filed a legal document on Monday to extend the time limit for prosecuting James Comey over a classified leak from 2015. This action marks a new escalation in the federal government’s pursuit of the former FBI director, who has faced criminal charges twice since Donald Trump took office last year. The move allows prosecutors to potentially bring an indictment after the standard ten-year statute of limitations would otherwise expire.

The details emerged from court papers unsealed on Monday. These documents reveal an internal dispute within the administration over how to handle the case. The filing is described as a criminal information, a procedural tool that permits prosecutors to toll the statute of limitations without needing a grand jury vote or a judge's initial approval. This step is distinct from the two previous cases against Comey, which relied on different legal grounds.

Comey has been a vocal critic of the current administration. He responded to the news via a video statement recorded on Monday. In the clip, he described the development as a return of a familiar tactic. "Well, they’re back, again," he said. "It would almost be funny if it weren’t such an appalling abuse of the Department of DOJ, one that we cannot become numb to."

The former director maintained that his personal stance has not shifted despite the new legal maneuver. "Nothing’s changed with me; I’m still innocent, I’m still not afraid of these people, and I still believe in an independent federal judiciary," Comey stated in the video. His comments reflect the ongoing tension between the White House and the former head of the FBI, which has defined much of the legal drama since 2025.

A spokesperson for the Justice Department defended the filing in a written statement. The official noted that using a criminal information to pause the statute of limitations is a standard practice in federal courts. "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 spokesperson said. The department added that the investigation remains active and declined to offer further comments.

Patrick Fitzgerald, an attorney representing Comey, pushed back immediately. In a statement, Fitzgerald called this the third attempt in just over a year to charge his client with a federal crime. "Mr. Comey steadfastly maintains his innocence," Fitzgerald said. His legal team argues that the leak occurred too long ago for the government to act under the current rules, though the DOJ disputes that timeline.

This case sits alongside two other legal battles involving Comey. The first was filed in Virginia, alleging he lied to Congress in 2020. A judge dismissed that case after ruling the prosecutor was illegally appointed. A second indictment is currently pending. It charges Comey with threatening Trump using an Instagram photo of seashells arranged to spell "86 47." Comey has asked a judge to dismiss that case as well, and some legal experts have expressed doubt about its validity. The new statute of limitations filing keeps the 2015 leak issue in active legal status for the foreseeable future.