James Comey, the former FBI Director and a long-standing adversary of Donald Trump, was indicted by a federal grand jury in Virginia on Thursday. The charges include obstruction and making a false statement to Congress, an action some observers consider the President’s most extreme move yet to pursue the prosecution of his political opponents.
The indictment, filed with minimal specifics at an Alexandria, Va., district court, centered on Comey’s testimony to the Senate Judiciary Committee in September 2020. This testimony addressed the FBI’s investigation into Russia’s potential interference in the 2016 election and its connections to Trump’s presidential campaign.
In an Instagram video posted on Thursday, Comey asserted his innocence, adding that while his “heart is broken” for the Justice Department, he retains confidence in the judicial system.
“My family and I have been aware for years that confronting Donald Trump carries consequences, yet we couldn’t envision our lives any other way,” Comey stated. “We will not be subservient, and neither should you.”
Comey concluded by saying: “Let’s proceed with a trial and maintain our belief.”
Trump utilized Truth Social to celebrate Comey’s indictment, declaring, “JUSTICE IN AMERICA!” He further stated, “James Comey, the former Corrupt Head of the FBI, is one of the worst human beings this Country has ever encountered. Today, a Grand Jury indicted him on two felony counts for numerous illegal and unlawful actions. He has been detrimental to our Country for an extended period, and he is now starting to face accountability for his offenses against our Nation. MAKE AMERICA GREAT AGAIN!”
This indictment follows Trump’s public message on September 20, addressed to Attorney General Pam Bondi, which appeared to pressure her to accelerate the prosecution of his adversaries, specifically mentioning Comey, Sen. Adam Schiff (D, Calif.), and New York Attorney General Letitia James.
“We cannot postpone this any further; it’s harming our reputation and trustworthiness. They impeached me twice, and indicted me (5 times!), for NO REASON. JUSTICE MUST BE DELIVERED, IMMEDIATELY!!!” the President posted.
Here’s what you should be aware of regarding Comey’s indictment.
What are the charges?
The indictment was signed by Lindsey Halligan, Trump’s former personal attorney, who was appointed on Monday after her predecessor Erik Siebert resigned from the White House for not securing charges against Comey or James.
Despite lacking prosecutorial experience, Halligan’s name was suggested by Trump in his September 20 Truth Social post to Bondi, where he remarked: “Lindsey Halligan is a truly competent lawyer, and holds you in high regard.”
Halligan, commenting on the indictment, stated that “the accusations brought forward in this case signify an exceptional violation of public trust.”
“The separation of powers forms a fundamental tenet of our democracy, necessitating accountability and an honest disclosure of facts from executive leadership to congressional oversight,” she further elaborated. “Any intention to circumvent, elude, hinder, or obstruct compliance constitutes a breach of professional duty and, critically, the law.”
The charge of making a false statement pertains to Comey’s denial, during his testimony, of having authorized any FBI personnel to share information about FBI investigations concerning Trump or his 2016 electoral opponent, Hillary Clinton. However, Comey’s former deputy, Andrew McCabe, claimed that Comey did authorize such a disclosure to a reporter. The legal document asserts that Comey “willfully and knowingly made a materially false, fictitious, and fraudulent statement.”
The second accusation alleges that Comey “corruptly attempted to influence, obstruct, and impede the proper and due exercise of inquiry power under which an investigation was being conducted before the Senate Judiciary Committee by presenting false and misleading statements to that committee.” Specific instances were not detailed.
Court records indicate that prosecutors also pursued an additional charge for false statements, but the grand jury dismissed it.
Comey’s indictment was filed just before the September 30 legal deadline, which would have prevented criminal charges against him due to the statute of limitations. Each of the two charges carries a potential maximum sentence of five years in prison.
What happens next?
Comey is slated to appear in court on October 9 for his arraignment before Judge , an appointee of former President Joe Biden in 2021.
The former FBI Director’s legal counsel will be , a long-standing associate of Comey and a former U.S. attorney in Chicago, known for successfully litigating against notable politicians. Fitzgerald declared in a media statement: “Jim Comey completely denies all charges brought today. We anticipate clearing his name in court.”
In his Instagram video, Comey remarked, “Someone I deeply cherish recently observed that fear serves as a tyrant’s instrument, and she is correct; however, I am not fearful, and I hope you are not either.” Comey mentioned his daughter, Maurene Comey, who had joined the Manhattan U.S. Attorney’s Office in July. The younger Comey was involved in the Jeffrey Epstein case during a period of increased scrutiny regarding the connections between Trump and the deceased sex offender.
Following Comey’s indictment, Troy Edwards, Comey’s son-in-law and an employee of the Justice Department, resigned. His one-sentence resignation letter to Halligan stated he was quitting “to uphold my oath to the Constitution and the country.” Edwards held the position of deputy chief of the National Security Section within the Eastern District of Virginia U.S. Attorney’s Office.
Reacting to the indictment, Bondi affirmed that “no individual is above the law” and that the charges against Comey demonstrate her department’s “dedication to holding those who misuse positions of authority responsible for deceiving the American populace.”
Sen. Mark Warner, a Virginia Democrat, denounced the accusations against Comey, posting on X: “A profoundly sorrowful day for our justice system. When a strongly Republican U.S. Attorney was unable to establish a credible case against James Comey, Trump removed him and appointed someone who would. Trump will go to any lengths to penalize political opponents.”