Former FBI Director James Comey's lawyers asked a federal judge Friday to block a third Justice Department case against him. The charge concerns a decade-old news media leak.
Prosecutors filed a criminal information this month, bypassing a grand jury.
10-year statute of limitations was about to expire, the department says.
Judge Trevor McFadden, a Trump nominee, is hearing the challenge.
2 earlier probes of the leak ended without charges.
Why it matters: The case centers on an October 2016 New York Times story about a secret surveillance court order. The order required Yahoo to scan emails for possible links to a foreign terrorist group.
December 2018: Durham memo recommended no charges, Comey's lawyers say.
Comey's first case was dismissed; a second, over an Instagram post, is pending.
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Political Bias
Coverage by lean% of 26 sources
26 sources · 30 articles · 50% Left coverage
Where they split: The Justice Department calls the filing a lawful way to preserve its deadline, while Comey's lawyers call the case legally invalid.
Center coverage, 6 sources: The center frames it as a procedural fight over whether prosecutors can bypass a grand jury, noting Comey denies wrongdoing.
Left coverage, 13 sources: The left frames the case as a third attempt to prosecute a Trump critic, timed to the midterms and resting on a leak twice investigated without charges.