Former FBI Director James Comey, a longtime foe of Donald Trump, was indicted by a federal grand jury in Virginia Thursday with obstruction and making a false statement to Congress, in what some say is the President’s most drastic move yet to pursue the prosecution of his political adversaries.
The two-page indictment filed at an Alexandria, Va., district court was sparse on details, but it revolved around Comey’s testimony to the Senate Judiciary Committee in September 2020, which tackled the FBI’s probe into Russia’s possible interference in the 2016 election and ties to Trump’s presidential campaign.
In a video posted on Instagram Thursday, Comey maintained his innocence and added that while his “heart is broken” for the Justice Department, he has confidence in the judicial system.
“My family and I have known for years that there are costs to standing up to Donald Trump, but we couldn’t imagine ourselves living any other way,” Comey said. “We will not live on our knees, and you shouldn’t either.”
Comey concluded: “Let’s have a trial and keep the faith.”
Trump took to Truth Social to celebrate Comey’s indictment. “JUSTICE IN AMERICA!” he posted. “One of the worst human beings this Country has ever been exposed to is James Comey, the former Corrupt Head of the FBI. Today he was indicted by a Grand Jury on two felony counts for various illegal and unlawful acts. He has been so bad for our Country, for so long, and is now at the beginning of being held responsible for his crimes against our Nation. MAKE AMERICA GREAT AGAIN!”
The indictment comes after Trump publicly posted a message directed to Attorney General Pam Bondi on Sept. 20, seemingly urging her to speed up the prosecution of his enemies, naming Comey, Sen. Adam Schiff (D, Calif.), and New York Attorney General Letitia James.
“We can’t delay any longer, it’s killing our reputation and credibility. They impeached me twice, and indicted me (5 times!), OVER NOTHING. JUSTICE MUST BE SERVED, NOW!!!” the President posted.
Here’s what to know about Comey’s indictment.
What are the charges?
The indictment was signed by Lindsey Halligan, Trump’s former personal lawyer who was appointed as the Eastern District of Virginia’s interim U.S. attorney on Monday after her predecessor Erik Siebert resigned under pressure from the White House after failing to bring charges against Comey or James.
Halligan did not have any prosecutorial experience, but Trump had floated her name in his Sept. 20 Truth Social post directed to Bondi: “Lindsey Halligan is a really good lawyer, and likes you, a lot.”
Halligan, in a statement on the indictment, said “the charges as alleged in this case represent a breach of the public trust at an extraordinary level.”
“The balance of power is a bedrock principal of our democracy, and it relies upon accountability and a forthright presentation of facts from executive leadership to congressional oversight,” she added. “Any intent to avoid, evade, prevent, or obstruct compliance is a violation of professional responsibility and, most importantly, the law.”
The false statement charge refers to how Comey, in the September 2020 Senate hearing, denied authorizing anyone at the FBI to speak to the media anonymously about FBI investigations related to Trump or his 2016 election opponent, Hillary Clinton. Comey’s former deputy Andrew McCabe, however, has indicated that Comey authorized the leak to a reporter. The document said Comey “did willfully and knowingly make a materially false, fictitious, and fraudulent statement.”
The second charge claims that Comey “did corruptly endeavor to influence, obstruct and impede the due and proper exercise of the power of inquiry under which an investigation was being had before the Senate Judiciary Committee by making false and misleading statements before that committee.” It did not specify the specific instances.
Prosecutors also sought another charge of making false statements, court documents released Thursday show, but the grand jury rejected it.
Comey’s indictment just barely met a Sept. 30 legal deadline that would have barred the filing of criminal charges against him because of the statute of limitations. Both charges carry maximum penalties of five years in prison.
What happens next?
Comey has been summoned to appear before the court on Oct. 9 and will be arraigned by Judge Michael Nachmanoff, whom former President Joe Biden appointed in 2021.
The former FBI Director will be represented by Patrick Fitzgerald, a longtime ally of Comey and a former U.S. attorney in Chicago who earned a reputation for winning cases against prominent politicians. “Jim Comey denies the charges filed today in their entirety,” Fitzgerald said in a statement sent to the media. “We look forward to vindicating him in the courtroom.”
In his Instagram video, Comey said, “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.” Comey alluded to his daughter Maurene Comey, who was fired from her prosecutorial role at the Manhattan U.S. Attorney’s Office in July. The younger Comey had worked on the case against Jeffrey Epstein, at a time of heightened interest in the links between Trump and the late sex offender.
Immediately after Comey’s indictment, Troy Edwards, Comey’s son-in-law who worked in the Justice Department, resigned. In a one-sentence resignation letter to Halligan, Edwards quit his job “to uphold my oath to the Constitution and the country.” Edwards was deputy chief of the National Security Section of the Eastern District of Virginia U.S. Attorney’s Office.
Bondi, reacting to the indictment, said that “no one is above the law” and that the charges Comey faces reflect her department’s “commitment to holding those who abuse positions of power accountable for misleading the American people.”
Sen. Mark Warner, a Democrat representing Virginia, condemned the charges against Comey. “A sad, sad day for our justice system,” Warner posted on X. “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.”
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