Former FBI Director James Comey was indicted on Thursday on two felony counts: making a false statement to Congress and obstructing a congressional proceeding. The charges, filed in federal district court, relate to Comey’s testimony in September 2020 concerning the FBI’s investigation into Russian interference in the 2016 presidential election.
The indictment alleges that Comey misled lawmakers when he stated he had never authorised any FBI personnel to leak information to the media regarding investigations into Donald Trump or Hillary Clinton. Prosecutors contend this claim was false, referencing disclosures believed to have been approved by Comey himself.
Attorney General Pam Bondi issued a statement following the indictment, declaring, “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.”
The charges were brought shortly after President Trump publicly urged Bondi to prosecute Comey and other perceived political adversaries, in a social media post that appeared to disregard the Justice Department’s longstanding tradition of independence.
The indictment also followed the appointment of Lindsey Halligan as acting US Attorney for the Eastern District of Virginia. Halligan, a former White House aide and personal lawyer to Trump, replaced Erik Siebert, who was dismissed after declining to pursue charges against Comey due to insufficient evidence. Despite receiving a memo outlining reasons not to proceed, Halligan advanced the case to a grand jury.
Comey responded to the indictment in a video statement posted online, asserting his innocence and expressing readiness to stand trial. “My heart is broken for the Department of Justice, but I have great confidence in the federal judicial system,” he said. “We will not live on our knees, and you shouldn’t either.”
He also referenced his daughter Maureen’s dismissal from her role as a federal prosecutor earlier this year, and quoted her farewell message: “Fear is the tool of a tyrant.” Comey added, “I’m not afraid. And I hope you’re not either.”
Prosecutors had sought a third charge, but the grand jury declined to indict on that count. Comey is expected to appear in court on Friday morning and will be represented by Patrick Fitzgerald, a former US Attorney for the Northern District of Illinois. If convicted, he faces a maximum sentence of five years in prison.
President Trump celebrated the indictment on his Truth Social platform, describing Comey as “one of the worst human beings this Country has ever been exposed to” and declaring, “JUSTICE IN AMERICA!”
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The indictment has drawn criticism from numerous legal experts and former Justice Department officials. Barbara McQuade, former US Attorney for the Eastern District of Michigan, described the case as “a sad day for the rule of law,” suggesting it may be vulnerable to dismissal on grounds of selective prosecution.
Troy Edwards, Comey’s son-in-law and a federal prosecutor in Virginia, resigned minutes after the indictment was announced, citing his commitment to uphold the Constitution.
Senator Mark Warner of Virginia condemned the charges, stating, “Donald Trump has made clear that he intends to turn our justice system into a weapon for punishing and silencing his critics. This kind of interference is a dangerous abuse of power.”
Trump’s animosity towards Comey dates back to early 2017, when the then-president allegedly sought a pledge of loyalty from the FBI director, who declined. Comey was dismissed in May of that year while overseeing the investigation into Russian election interference.
