Topline
Former FBI Director James Comey was indicted in Virginia on Thursday for allegedly lying in testimony to Congress in 2020, after President Donald Trump recently urged Attorney General Pam Bondi to prosecute his political opponents.
Comey has been charged with one count of making a false statement and one count of obstruction, which could carry up to five years in prison if Comey is convicted.
The charges were brought by Acting U.S. Attorney Lindsey Halligan, Trump’s former defense attorney who he appointed to the post over the weekend, though she has no prosecutorial experience outside of her time handling Trump’s personal lawsuits.
Bondi said in a tweet not explicitly naming Comey that “Today’s indictment reflects this Department of Justice’s commitment to holding those who abuse positions of power accountable for misleading the American people.”
Comey is accused of lying about testimony given in 2020, when he stood by a separate testimony made three years prior in which he said he did not approve leaking information about the FBI’s Russian collusion investigation into Trump.
Judge Michael Nachmanoff, who was appointed by former President Joe Biden, has been assigned to Comey’s case.
The indictment comes just days after Trump demanded Bondi begin prosecuting his foes, saying in a Truth Social post, “We can’t delay any longer, it's killing our reputation and credibility,” and “They impeached me twice, and indicted me (5 times!), OVER NOTHING. JUSTICE MUST BE SERVED, NOW!!!"
The statute of limitations for Comey’s charges were slated to expire Tuesday.
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“My heart is broken for the Department of Justice but I have great confidence in the federal judicial system, and I’m innocent,” Comey said in a video statement. “So let’s have a trial and keep the faith.” The former FBI director’s statement also echoed remarks made by his daughter, Maureen Comey, after she was fired by the Trump administration from the Justice Department earlier this year. “Somebody that I love dearly recently said that fear is the tool of a tyrant, and she’s right...But I’m not afraid, and I hope you’re not either. I hope instead you are engaged, you are paying attention and you will vote like your beloved country depends upon it, which it does.”
Although Comey has been indicted on two counts, court documents show, the prosecutors initially sought to indict the former FBI director on a third count of making a false statement to to Congress. The unsuccessful count was tied to a statement Comey made before Congress while being questioned by Sen. Lindsey Graham, R-S.C., in 2020. Graham asked Comey if he was informed of Hillary Clinton’s “approval of a plan” to “to create a scandal regarding Trump and Russia,” ahead of the 2016 presidential election. At the time, Comey responded, “That doesn't ring a bell,” which the prosecutors alleged was a lie. However, the grand jury’s foreperson noted that “12 or more grand jurors did not concur in finding an indictment” on this particular count.
In a statement, House Minority Leader Hakeem Jeffries, D-N.Y., said called Comey’s indictment a “disgraceful attack on the rule of law.” He added “Donald Trump and his sycophants in the Department of Justice are completely and totally out of control, and have viciously weaponized the criminal justice system against their perceived adversaries.” Sen. Mark Warner, D-Va., tweeted: “When a staunchly Republican U.S. Attorney couldn’t even find a credible case against James Comey, Trump pushed him out and found someone who would. Trump will stop at nothing to punish political enemies.” Senate Judiciary Committee Chair Chuck Grassley, R-Iowa, told the New York Times: “At the time of Comey’s alleged false statements and obstruction, my colleagues and I had active investigations...If the facts and the evidence support the finding that Comey lied to Congress and obstructed our work, he ought to be held accountable.” Sen. John Coryn, R-Texas, wrote on X: “While our legal system provides for the presumption of innocence, Comey’s accountability for FBI abuses during the first Trump term are long overdue. These charges are serious offenses, especially if committed by the head of our nation’s top law enforcement agency, & there must be consequences.”
Comey is one of multiple legal targets on the president’s list. Trump is pursuing mortgage fraud claims against New York Attorney General Letitia James and brought Halligan in to lead the prosecution after the previous U.S. attorney Erik Siebert resigned, reportedly after refusing to prosecute James. Former National Security Advisor John Bolton’s Maryland home was recently raided by federal agents in a search related to claims he is in possession of classified records, according to ABC News. Trump’s Justice Department is also investigating Sen. Adam Schiff, D-Calif., for alleged insurance fraud.
What To Know About Lindsey Halligan—Trump’s Ex-Defense Attorney Who’s Trying To Indict James Comey (Forbes)