Prosecution of James Comey

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United States v. Comey
CourtUnited States District Court for the Eastern District of Virginia
Full case name United States of America v. James B. Comey, Jr.
Docket nos.1:25-cr-00272
Court membership
Judge sittingMichael S. Nachmanoff
Keywords

On September 25, 2025, James Comey, a former director of the Federal Bureau of Investigation (FBI), was indicted by a federal grand jury in Virginia on two counts: one charge of making a false statement to Congress, and one charge of obstructing a congressional proceeding. The charges are related to Comey's testimony during a September 30, 2020, Senate Judiciary Committee hearing about the FBI's investigation of links between Russia and the 2016 Trump presidential campaign, and he was indicted just before the five-year statute of limitations ran out. He denies the charges and pleaded not guilty.

Background

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Former president Barack Obama nominated Comey to become the Director of the FBI in June of 2013,[1] and he was sworn in on September 4.[2] Among his responsibilities was overseeing an FBI investigation into Russian interference in the 2016 presidential election,[3] a portion of which focused on possible coordination between Russia and members of the 2016 Trump presidential campaign.[4] Trump fired Comey on May 9, 2017, and shortly after, Trump said he was motivated by the latter investigation.[4]

Before he was fired, Comey had been writing notes to memorialize his one-on-one meetings with Trump, and after he was fired, he shared one of them with Daniel Richman, a Columbia Law School professor and friend of Comey's. Richman shared that memo with The New York Times.[4]

During a September 30, 2020, Senate Judiciary Committee hearing into the FBI's investigation of links between Russia and the Trump campaign,[5] in response to questioning from US Senator Ted Cruz, Comey denied having authorized anonymous leaks to The Wall Street Journal for an October 2016 article. In a December 2020 letter to the Department of Justice, Cruz wrote that former FBI official Andrew McCabe had said Comey was aware of McCabe's authorization of a leak, contradicting Comey's denials.[6] Cruz's questioning of Comey in 2020 addressed both "the Clinton investigation" regarding her private email server, as well as "matters relating to the Trump investigation" about Russian interference.[7]

The five-year statute of limitations would have expired on September 30, 2025.[5] Erik Siebert, the interim US Attorney in the Eastern District of Virginia, reportedly recommended against charging Comey, and Trump then pressured him into resigning. In a Truth Social post, Trump publicly pressured Attorney General Pam Bondi to install loyalist Lindsey Halligan, his former personal attorney, in the role to push forward charges against adversaries, including Comey.[6][8] Siebert resigned on September 19, 2025,[9] and Halligan replaced him as interim US Attorney on September 22.[10]

Indictment

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On September 25, 2025, Comey was indicted by a federal grand jury in Virginia on two counts: one charge of making a false statement to Congress, and one charge of obstructing a congressional proceeding. The 23-person grand jury voted against a third charge. Comey denies the charges.[11][12] [13]

The indictment is not a speaking indictment that details the facts of the case; as CNN reports, "The indictment doesn't identify which specific leaked details or news reports form the core of the case." The indictment may refer to leaking that Comey (not McCabe) engaged in with Daniel Richman.[14] Richman was also a "special government employee", and the government may argue that Comey's denial to Senator Cruz included denial of leaking with Richman (not just McCabe).[15] CNN also reports that the indictment may involve the FBI's leak investigation called "Arctic Haze".[14][16]

U.S. District Judge Michael S. Nachmanoff has jurisdiction over the case.[17] The lead prosecutor is U.S. Attorney Halligan, who represented the government before the grand jury and signed the indictment.[18] Comey's defense counsel is Patrick Fitzgerald.[19]

A lengthy report was issued by prosecutor John Durham in 2023 about Russian interference in the 2016 United States elections, and Durham's report concluded that "not every injustice or transgression amounts to a criminal offense, and criminal prosecutors are tasked exclusively with investigating and prosecuting violations of U.S. criminal laws." Lawyers from the U.S. Attorney's Office in Washington, D.C. and prosecutors in Virginia "reached the same conclusion" as Durham, in the words of ABC News:[20]

They'd be unable to prove Comey made false statements to Congress to obstruct their investigation. Presenting their findings in a lengthy declination memo, the prosecutors explicitly mentioned the two other investigations to bolster their recommendation that probable cause does not exist to charge Comey, according to sources familiar with the contents of the memo.

Based in part on discussions with Durham,[20] those federal prosecutors working for U.S. Attorney Lindsey Halligan advised that charges should not be brought against Comey.[6] She opted to bring three charges, and the grand jury agreed with two of them.

No arrest warrant was issued. On October 3, multiple sources said that FBI agent Chris Ray was suspended or relieved of duty after refusing to arrange a perp walk for Comey in front of media. [21][22] Comey was arraigned on October 8, pleaded not guilty, and was released until trial without conditions.[23] The trial is scheduled for January 5, 2026; however, Comey's defense attorney is planning to submit at least two motions to dismiss, including arguments for selective or vindictive prosecution and for Halligan's appointment not having been lawful.[24]

Reactions

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President Trump has commented publicly about the case, stating at Truth Social: "One of the worst human beings this Country has ever been exposed to is James Comey, the former Corrupt Head of the FBI", and also saying the case is about "justice not revenge."[25]

“The apolitical prosecutors who analyzed this said there wasn’t a case," said former special counsel Jack Smith on October 8, 2025, "and so they brought somebody in who had never been a criminal prosecutor on day’s notice to secure an indictment a day before the statute of limitations ended. That just reeks of lack of process."[26]

References

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  1. ^ Marshall, Serena (June 21, 2013). "Obama Nominates Comey to FBI, Thanks Mueller". ABC News. Archived from the original on December 8, 2022. Retrieved October 8, 2025.
  2. ^ Johnson, Carrie (September 5, 2013). "What Should Be On New FBI Director's To-Do List?". NPR. Retrieved October 9, 2025.
  3. ^ Jansen, Bart (September 26, 2025). "What to know about charges against former FBI Director James Comey". USA TODAY. Retrieved October 9, 2025.
  4. ^ a b c Cohen, Marshall; Herb, Jeremy (October 8, 2025). "Jim Comey's long arc into the jaws of Donald Trump's campaign of retribution". CNN. Retrieved October 9, 2025.
  5. ^ a b Tucker, Eric; Durkin Richer, Alanna; Kunzelman, Michael (September 25, 2025). "Ex-FBI Director James Comey indicted after Trump pushes for prosecution of longtime foe". Associated Press. Retrieved September 25, 2025.
  6. ^ a b c Mangan, Dan; Breuninger, Kevin (September 24, 2025). "Former FBI Director Comey expected to be indicted soon in Virginia federal court: MSNBC". CNBC. Retrieved October 4, 2025.
  7. ^ Gore, D'Angelo (September 30, 2025). "Evidence Behind Comey Indictment Is Unclear". Factcheck.org.
  8. ^ Gerstein, Josh; Cheney, Kyle (September 26, 2025). "Why the case against James Comey may end in humiliation for Trump's DOJ". POLITICO. Retrieved October 3, 2025.
  9. ^ MacFarlane, Scott (September 19, 2025). "Acting U.S. attorney resigns amid concern he could be fired for failing to bring case against Letitia James". CBS News. Retrieved October 8, 2025.
  10. ^ Quinn, Melissa; Rosen, Jacob (September 22, 2025). "Lindsey Halligan, Trump's former defense lawyer, sworn in as interim U.S. attorney in key Virginia office". CBS News. Retrieved October 8, 2025.
  11. ^ Rabinowitz, Hannah; Perez, Evan; Collins, Kaitlan; Holmes, Kristen; Polantz, Katelyn (September 25, 2025). "Former FBI Director James Comey indicted". CNN. Retrieved September 26, 2025.
  12. ^ Mallin, Alexander; Faulders, Katherine (September 17, 2025). "Friend of former FBI Director James Comey subpoenaed in federal probe: Sources". ABC News.
  13. ^ Walsh, Joe. (September 26, 2025). "A grand jury charged Comey with 2 criminal counts — but rejected a third. Here's what they say". CBS News.
  14. ^ a b Perez, Evan; Polantz, Katelyn; Collins, Kaitlan; Herb, Jeremy (September 26, 2025). "False statement charge against Comey appears to center on Hillary Clinton email probe | CNN Politics". CNN. Retrieved October 8, 2025.
  15. ^ Faulders, Katherine; Mallin, Alexander; Levine, Mike (September 26, 2025). "Comey charge involves his role in sharing info about Hillary Clinton-related probe: Sources". ABC News. Retrieved October 8, 2025.
  16. ^ @jaketapper (September 25, 2025). "Arctic Haze" (Tweet) – via Twitter. A source familiar with the indictment tells me that the leak in question has to do with the FBI's 'Arctic Haze' leak investigation, related to four newspaper stories from the first Trump administration in the WaPo NYT and WSJ.
  17. ^ Cheney, Kyle; Gerstein, Josh (September 25, 2025). "Meet the judge who will oversee James Comey's criminal case". POLITICO. Retrieved September 26, 2025.
  18. ^ Leonnig, Carol; Hillyard, Vaughn; Dilanian, Ken (September 26, 2025). "How Trump's new U.S. attorney got Comey indicted — by herself". MSNBC. Retrieved October 8, 2025.
  19. ^ Cheney, Kyle; Gerstein, Josh (September 25, 2025). "'Let's have a trial': Comey proclaims innocence as Trump revels in grand jury indictment he demanded". POLITICO.
  20. ^ a b Faulders, Katherine; Mallin, Alexander; Charalambous, Peter (October 6, 2025). "Ex-special counsel John Durham undercut case against James Comey in interview with prosecutors". ABC News. Retrieved October 8, 2025.
  21. ^ Lynch, Sarah N. (October 3, 2025). "FBI agent relieved of duty over refusing Comey perp walk, four people familiar say". Reuters. Retrieved October 4, 2025.
  22. ^ Klaidman, Daniel; Miller, Jake; MacFarlane, Scott (October 4, 2025). "The FBI is weighing an arrest and perp walk for Comey — and suspended an agent for refusing to help, sources say - CBS News". CBS News. Retrieved October 8, 2025.
  23. ^ Tucker, Eric; Durkin Richer, Alanna; Kunzelman, Michael (October 8, 2025). "Comey pleads not guilty to Trump Justice Department case accusing him of lying to Congress". Associated Press. Retrieved October 8, 2025.
  24. ^ Johnson, Carrie (October 8, 2025). "Former FBI director Comey pleads not guilty to federal charges of lying to Congress". NPR. Retrieved October 8, 2025.
  25. ^ Haworth, Jon; Pereira, Ivan; Mallin, Alexander (September 26, 2025). "Trump applauds James Comey indictment: 'It's about justice, not revenge'". ABC News. Retrieved October 8, 2025.
  26. ^ Vlachou, Marita (October 15, 2025). "'We Are Lost': Jack Smith Gives America A Warning In Rare Interview". HuffPost. Retrieved October 15, 2025.