The Justice Department is making a third attempt to prosecute former FBI Director James Comey

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The Justice Department is making a third attempt to prosecute former FBI Director James Comey, according to court documents unsealed Monday in federal court in Washington. The criminal information alleges that Comey transmitted and conspired to transmit national defense information by sharing classified material with a New York Times reporter in October 2016. Comey has not been indicted in the case. The department says it filed the document to extend the 10-year statute of limitations, which expired earlier this month. Comey’s lawyers moved to dismiss, arguing an indictment was required within 10 years. A judge will decide whether the filing preserved the department’s ability to prosecute. The department previously charged Comey twice: a judge dismissed a false-statements case, while a threats case remains pending.