James Comey faces more federal charges - this time for the disclosure of classified information. A federal magistrate has dismissed a superseding criminal complaint against two former FBI officials accused of lying to Congress about the Hunter Biden laptop investigation. And James O’Keefe, along with another activist, have been charged with violating Minnesota law after exposing “how Minnesota abuses votes.”

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James Comey charged with disclosing classified information

Source: Obama White House archives

Former FBI Director James Comey, already charged for his “86 47” social media post, now faces criminal charges in the District of Columbia for (1) the dissemination of classified information; and (2) conspiracy to disclose classified information.

As explained in the Government’s response to Comey’s motion to dismiss the criminal information, these charges relate to then-FBI Director Comey’s direction to his staff that they speak with a reporter from The New York Times concerning allegations that Yahoo assisted the United States in surveilling emails. The New York Times would then publish this October 5, 2016 article on the matter, which is alleged to contain “information determined to be first-time disclosures of classified information not intended for the public domain.”

The latest charges against Comey were filed just as the ten-year statute of limitations was set to expire. Comey’s attorneys are seeking to dismiss the criminal information (which is a prosecutor’s statement of the charges), arguing that “the applicable statute of limitations explicitly demands an indictment within ten years of the offense; an information does not suffice.” The Government argues that “indictment” under the statute is a general term that includes a criminal information. It is a high-stakes argument: if the Federal Judge agrees with Comey’s interpretation of the law, then Comey will escape charges altogether.

DC Court dismisses superseding criminal complaint against former FBI officials

Federal Magistrate Judge Zia Faruqui has struck a superseding criminal complaint against two former FBI counterintelligence officials who are accused of lying to Congress regarding the Hunter Biden laptop investigation.

The superseding criminal complaint attempted to add to obstruction and attempted obstruction of a Congressional proceeding to the already pending charges of giving false statements to Congress. Judge Faruqui chastised the Government for filing the new complaint without it having been approved in advanced, stating “It is inappropriate . . . I am surprised that a complaint unsigned by a judge was filed on a docket where I am unaware of that ever happening in this court.” The Government has resubmitted the superseding criminal complaint for reconsideration.

According to the Government’s statement of facts, Nikki Floris (former Deputy Assistant Director and head of the FBI’s Foreign Influence Task Force) is alleged to have provided false statements concerning her involvement in the Hunter Biden investigation and her knowledge of the Hunter Biden investigation. Bradley Benavides (former Section Chief of the Foreign Influence Task Force) is alleged to have provided false testimony regarding his knowledge of the FBI’s possession of the Hunter Biden laptop and his conversations with the FBI’s Criminal Division about the laptop. Charges resulting from those alleged false statements have not been struck.

James O’Keefe charged in Minnesota

Conservative activists James O’Keefe and Cam Higby face felony charges in Minnesota of “unlawful voting and identity theft” for their investigative reporting on vulnerabilities in election security in Minnesota.

You can view their reporting here:

Remarkably, the investigative report shows that Higby was informed by polling locations that he could vote without identification while wearing a burqa. According to Higby, “Any person who has the address and name of another person can walk into a Minnesota voting… polling station and vote in that person’s name without ID.”

This is not the first time that O’Keefe and others have faced criminal charges for conservative investigative reporting. Thankfully, the First Amendment protects their activities. This is true even in polling locations, and it remains true even when Hennepin County Attorney Mary Moriarty - a vocal liberal - alleges “there is no such thing as undercover investigation in the polling place.”

In other news:

  • A federal judge has granted a preliminary injunction that prevents the Trump Administration from renovating the East Potomac Golf Course.

  • Reporting from The New York Times revealed that staff for Alaska’s Democratic Senate nominee Mary Peltola, as well as senior aides at the Democratic Senatorial Campaign Committee, recruited a man named Daniel J. Sullivan to enter the Alaska Senate race as part of a plan to reduce the votes of Alaska’s Republican incumbent Senator, Dan S. Sullivan. The Trump Administration has filed suit in an effort to ensure that certification of the winner is blocked until any litigation over the election - if it occurs - is resolved. It has been reported that there is also an ongoing criminal investigation relating to this scheme.

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