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James Comey vows to fight a third DOJ case against him as lawyers insist prosecutors needed a grand jury

James Comey, whose daughter Maurene's dismissal Judge Jesse Furman warned would "unsettle the very equilibrium" of the constitution, was himself fired as FBI director by Trump's attorney general in 2017.
James Comey, whose daughter Maurene's dismissal Judge Jesse Furman warned would "unsettle the very equilibrium" of the constitution, was himself fired as FBI director by Trump's attorney general in 2017.

Former FBI Director James Comey, now confronted with charges from Trump's Justice Department for the third occasion within just over a year, called the latest move an "appalling abuse" of the department in an Instagram video posted Monday. The new two-count filing alleges he passed national defence information to an unauthorised recipient, linked to an alleged leak from October 2016, exactly a decade ago. Legal scholars are already casting doubt on the case's prospects; Jack Goldsmith, a former senior government lawyer, argues it should be dismissed outright. Both parties are due in federal court in Washington DC on Friday.

Goldsmith contends the DOJ surrendered its opportunity to prosecute by filing a charging document that bypassed the grand jury, calling the case "so obviously a sham."

Reports indicate the DOJ has intensified its pursuit of Comey and others with midterm elections drawing closer, raising questions about the department's choice of timing.

MoreDaily Mail NewsFormer FBI director James Comey charged for the third time as he's accused of leaking national defense informationFinancial TimesWhite House comes for James Comey for a third timeRaw Story'Obviously a sham': Expert tears apart DOJ's latest attempt to go after James ComeyNYTJustice Dept. Steps Up Moves on Comey and Others as Midterm Elections NearFox NewsJames Comey faces new DOJ case over alleged national defense disclosure
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