Count one charges unlawful transmission of national defense information under 18 U.S.C. § 793(d) on or about October 5th, 2016. Count two charges conspiracy, alleging Comey, through one or more co-conspirators, directed an unnamed individual, "Individual 1", to disclose national defense information to a reporter for a national news publication.
Comey has moved to dismiss, arguing the 10 year statute of limitations prosecutors say applies covers only indictments, not a criminal information, which was filed exactly 10 years after the alleged disclosure. Prosecutors say the law allows an information to meet the deadline and that his motion is premature. McFadden said he will address the issues “in due course.”
