The Justice Department is preparing to indict former FBI Director James Comey for perjury as the five-year deadline to bring charges approaches. A Trump-nominated prosecutor is reportedly planning an indictment, which could lead to Comey’s arrest.
The probe centers on whether Comey lied to Congress during his September 30, 2020, testimony about his handling of the investigation into Russian interference in the 2016 presidential election. The government’s five-year statute of limitations is expiring next Tuesday.
Trump’s newly appointed U.S. Attorney Lindsey Halligan is planning to ask a grand jury to indict Comey. Prosecutors reportedly presented Halligan with a memo recommending she decline to bring charges, but she is expected to overrule their recommendation.
The case has become a political lightning rod after Trump fired Erik Siebert, the previous acting U.S. Attorney for the Eastern District of Virginia, who opposed bringing charges against Comey. Senior Justice Department sources said Siebert decided to resign rather than seek an indictment of Comey.
Trump quickly installed Halligan, one of his former personal lawyers, to replace Siebert on Monday. Halligan has been spotted at DOJ headquarters in Washington at least twice this week for meetings centered around the Comey matter.
The push for charges comes after Trump directly pressured Attorney General Pam Bondi to prosecute Democrats accused of crimes.
“What about Comey, Adam ‘Shifty’ Schiff, and Leticia??? They’re all guilty as hell, but nothing is going to be done,” Trump posted on a now-deleted Truth Social Saturday. “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 charges would focus on Comey’s testimony about whether he authorized leaks to The Wall Street Journal for an October 2016 article detailing a Justice Department probe into Hillary Clinton’s illegal email server. Former FBI Deputy Director Andrew McCabe has said he authorized the leak and that Comey was aware, while Comey has denied this claim.
“I just want people to act, they have to act, and we want to act fast,” Trump said Saturday. “They were ruthless and vicious. I was impeached twice. I was indicted five times”.
Trump fired Comey in May 2017 over his mishandling of the Russia investigation, which led to Robert Mueller being named special counsel. The former FBI director has been a frequent target of Trump’s criticism since then.
CIA Director John Ratcliffe released a review in July concluding the 2016 intelligence assessment was “conducted through an atypical & corrupt process” under Comey and former CIA Director John Brennan.
“I think they’re very dishonest people. I think they’re crooked as hell. And, maybe they have to pay a price for that,” Trump said of Brennan and Comey.
According to sources, Halligan’s deputy has also expressed reservations about bringing the politically charged case. The situation has thrown the Eastern District of Virginia office, which handles most national security cases, into turmoil.
Comey has maintained his innocence and that he was truthful under oath. A representative for Comey declined to comment. The DOJ Inspector General previously found that Comey violated agency policies by leaking information from memos about his conversations with Trump, but said no classified information was leaked.
If prosecutors proceed and a grand jury approves charges by next week, it would mark one of the highest-profile political indictments of Trump’s second term against what he calls the government’s “Deep State.”