Former FBI Director James Comey Indicted Days After Trump Urged DOJ to Act ‘Now’ Against Political Enemies

Prosecutors Initially Found No Probable Cause to Charge Comey.

Charlotte Bennett
7 Min Read

Former FBI Director James Comey was indicted on Thursday for making a false statement and obstructing an investigative proceeding. The charges stem from his 2020 testimony before the Senate Judiciary Committee, which focused on the FBI’s handling of the investigation into Russian interference in the 2016 election.

The indictment comes just days after President Donald Trump publicly urged the Justice Department to take action against Comey and other political opponents. Comey has been ordered to appear in court for arraignment on October 9.

In a brief video posted on Instagram, Comey responded to the charges. “My heart is broken for the Department of Justice. I have great confidence in the federal judicial system and I am innocent, so let’s have a trial, and keep the faith,” he said.

 

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According to court documents, Comey is accused of lying to Congress and obstructing a congressional investigation. While the government initially sought an additional charge of making a false statement, a grand jury declined to pursue that count.

Attorney General Pamela Bondi addressed the indictment on social media, stating, “No one is above the law. Today’s indictment reflects this Department of Justice’s commitment to holding those who abuse positions of power accountable for misleading the American people. We will follow the facts in this case.”

The U.S. Attorney’s Office for the Eastern District of Virginia confirmed that Comey faces up to five years in prison if convicted. However, they noted that actual sentences in federal cases are often less than the maximum penalty.

In a related development, Comey’s son-in-law, Troy Edwards Jr., has resigned from his role as a national security prosecutor in the same U.S. Attorney’s Office handling the case. His resignation was confirmed in an internal email obtained by ABC News.

FBI Director James Comey speaks before the House Oversight Committee on Capitol Hill in Washington on July 7, 2016, explaining the agency’s decision not to recommend charges against Hillary Clinton. (Photo: J. Scott Applewhite/AP)

The indictment of former FBI Director James Comey follows a major shake-up inside the Justice Department. President Donald Trump recently removed Erik Siebert, the U.S. Attorney for the Eastern District of Virginia. Sources say Siebert had raised concerns about the legal grounds for prosecuting Comey, as well as New York Attorney General Letitia James.

After Siebert’s removal, Trump appointed Lindsey Halligan to lead the office. Halligan, a former White House aide and Trump’s personal defense attorney, has no previous experience as a prosecutor.

Earlier this week, federal prosecutors reportedly told Halligan they could not establish probable cause to charge Comey. Despite that, she proceeded to seek an indictment from a grand jury. Sources say this raised ethical concerns among career prosecutors, who warned against pursuing charges without clear evidence.

Comey’s attorney, Patrick J. Fitzgerald, issued a firm statement on Thursday. “Jim Comey denies the charges filed today in their entirety. We look forward to vindicating him in the courtroom,” he said.

Over the weekend, Trump defended Halligan’s appointment in a series of social media posts. He criticized Siebert for what he called a lack of urgency and praised Halligan as someone who would “get things moving” in the Eastern District.

“Pam Bondi is doing a GREAT job as Attorney General of the United States,” Trump wrote. “She is very careful, very smart, loves our Country, but needs a tough prosecutor in the Eastern District of Virginia, like my recommendation, Lindsey Halligan, to get things moving.”

The charges against Comey mark a significant escalation in what many critics see as a campaign of political retaliation. Trump has long accused Comey of undermining his presidency, and this case appears to reflect a broader effort to use federal power to pursue his perceived enemies.

Comey, who was fired by Trump during his first term amid the Russia investigation, has frequently criticized Trump’s attempts to politicize the justice system. His defense team is expected to argue that this indictment is part of that larger political agenda.

This case could become a key legal test for both the Justice Department and the federal court system, especially in how it handles accusations with political overtones.

The investigation into Comey reportedly began in early August, shortly after Trump again called for criminal prosecutions tied to Russian interference in the 2016 election.

According to sources, the probe originated when FBI Director Kash Patel found sensitive documents at FBI headquarters. The documents were related to the original Russia investigation and prompted further review of Comey’s testimony to Congress in 2020.

Prosecutors focused on whether Comey may have committed perjury or obstructed justice when he spoke about Russia’s connections to Trump’s campaign. They also looked into whether he approved anonymous leaks to the press, and whether he misrepresented information about Hillary Clinton’s alleged ties to the Russia narrative.

(This article is based on reporting by ABC News.)

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