Former FBI Director James Comey charged in a third federal case over 2016 disclosure

The charging document, a criminal information filed by prosecutors rather than a grand jury indictment, relates to information in an Oct. 5, 2016, New York Times article, NBC News and CNBC reported. It was filed under seal on Oct. 5, exactly 10 years later. Judge Trevor McFadden unsealed it at Comey's request.

Comey's lawyers have asked the court to dismiss the case, arguing that the 10-year deadline required an indictment. A Justice Department spokesperson said filing an information to pause the statute of limitations is a widely recognized practice. "I'm still innocent," Comey said.

Why it matters: Whether the case survives may turn on a legal question: if filing an information, rather than obtaining an indictment, was enough to beat the 10-year deadline.