DOJ files tolling notice on Comey leak

The Justice Department filed a legal notice on Monday to extend the window for prosecuting James Comey over a classified information leak that occurred approximately a decade ago. The move allows federal prosecutors to bring an indictment after the standard ten-year statute of limitations has otherwise expired. This action immediately placed the former FBI director in a new procedural battle as he attempts to keep the case from advancing.

The department revealed the filing through newly unsealed court documents. The paperwork indicates an ongoing criminal investigation into the leak. A DOJ spokesperson stated that filing a criminal information to toll the statute of limitations is a widely recognized practice in federal court. The spokesperson noted that the practice has been approved by multiple Circuit Courts of Appeals and declined to comment further on the matter.

Comey’s legal team challenged the validity of the filing. They argued that the notice is invalid and that the charges are barred by the ten-year statute of limitations. A criminal information can be filed without a judge's approval or a grand jury finding of probable cause. The defense plans to contest this procedural step in court to stop the prosecution before it fully begins.

Patrick Fitzgerald, Comey’s attorney, said in a statement that this is the third time in little more than a year that the department has attempted to charge his client with a federal crime. Fitzgerald noted that Comey steadfastly maintains his innocence. The statement characterized the filing as part of a continued effort by the administration to target the former director.

Comey responded to the news in a video statement released on Monday. He said, “Well, they’re back, again.” Comey described the effort as an appalling abuse of the Department of Justice. He added, “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.”

The new filing escalates the legal pressure on Comey, who has faced two other criminal cases since President Donald Trump returned to the White House last year. The first case, filed in federal court in Virginia, accused Comey of lying to Congress in 2020. A judge dismissed that case because the prosecutor was illegally appointed. A separate pending indictment charges Comey with threatening Trump through an Instagram photo of seashells arranged in the numbers 86 and 47. Comey has sought to dismiss that case, and some legal experts have expressed skepticism about its basis.

The unsealed documents provide a look into the closed-door fight over the leak. The administration views the filing as a necessary step to keep the investigation alive. The defense views it as a strategic maneuver to bypass time limits. The next step will involve the courts determining if the tolling notice is legally sound and if the statute of limitations has truly been extended.