Former FBI director James Comey indicted on two charges in Virginia

A federal grand jury in Virginia has indicted former FBI Director James Comey on two counts tied to his testimony before Congress, accusing him of making false statements and obstructing the inquiry into whether he authorized an anonymous FBI source to be used in media reports. The indictment marks a rare prosecutorial move against a former director of the Bureau, and comes as the Department of Justice continues to pursue high-profile cases with political implications.

The charges focus on Comey’s September 2020 testimony before the Senate Judiciary Committee, according to charging documents. Prosecutors say he told a U.S. senator that he had not authorized anyone at the FBI to be an anonymous source in news reports about an FBI investigation involving another unnamed person. The documents allege that statement was false, noting that Comey had directed an unnamed official to serve as an anonymous source in coverage of the FBI investigation. The indictment indicates Comey also attempted to influence the Senate inquiry through false and misleading statements around that period.

U.S. Attorney Lindsey Halligan for the Eastern District of Virginia is leading the case, after taking over from Erik Seibert, the previous prosecutor on the matter who was dismissed by the Trump administration. Halligan said the indictment reflects the Department of Justice’s commitment to holding those who abuse positions of power accountable for misleading the American people. Comey’s defense has criticized the government’s move while stressing his intention to vindicate himself in court.

Comey, who has long served as a vocal critic of President Trump, issued a one-minute video on Instagram after the indictment was announced in which he proclaimed his innocence and urged that the matter be resolved in court. “My family and I have known for years that there are costs to standing up to Donald Trump,” he said, adding: “We will not live on our knees, and you shouldn’t either. And I am innocent. So, let’s have a trial.”

The two counts are one count of making false statements and one count of obstruction of justice. Prosecutors had asked the grand jury to consider three charges, but the panel approved only two. If convicted on both counts, Comey could face up to five years in prison. His arraignment is scheduled for the morning of Oct. 9 in Alexandria, Virginia.

Political and legal observers note that the case is one of the most high-profile legal actions involving a public figure during President Trump’s term in office. Trump has criticized prosecutions of his critics, including Comey, arguing that authorities are biased against him. In the hours after the indictment became public, Trump called Comey “one of the worst human beings this Country has ever been exposed to” on social media, while saying he had no advance knowledge of the prosecution.

Legal experts caution that the case will hinge on credibility and the interpretation of Comey’s intent. Laurie Levenson, a former federal prosecutor and law professor, said it could come down to whether jurors believe Comey knowingly lied to Congress or merely misunderstood or misstated information they reviewed. She also observed that the case tests the traditional separation between the White House and the Justice Department amid a highly politicized environment.

Comey’s tenure as FBI director from 2013 to 2017 included the high-profile investigation into Hillary Clinton’s emails hours before the 2016 election, and his subsequent firing amid the investigation into Russian interference in the 2016 campaign. The indictment arrives amid broader questions about accountability for officials who publicly criticized or clashed with President Trump. Earlier this year, Comey’s daughter, Maurene Comey, faced a separate personnel matter in the Southern District of New York, highlighting the ongoing turbulence surrounding cases tied to the administration and its critics.