Justice Department weighing indictment of former FBI Director James Comey on lying-to-Congress charges
Grand jury in Virginia reviewing the case; decision could come within days
The Justice Department is nearing a decision on whether to indict former FBI Director James Comey on charges that he lied to Congress during a September 2020 public hearing, according to people familiar with the matter. A grand jury is convened in Virginia to review the case, and a charging decision could come in the coming days, the sources said.
The precise charges have not been disclosed, and the investigation remains private. The inquiry centers on Comey's congressional testimony about the FBI's handling of information related to the bureau's investigations. Prosecutors typically present evidence to a grand jury before an indictment, and no decision has been publicly announced by the Department of Justice. The developing case underscores the high-profile, politically sensitive nature of prosecutions involving former senior FBI leadership.
James Comey directed the FBI from 2013 until his firing by President Donald Trump in May 2017. His tenure included the bureau's handling of the Hillary Clinton email matter and other investigations that intersected with national security and public policy. He testified publicly several times about the FBI's work, including a September 2020 session with lawmakers in which he described the bureau's actions and the basis for its investigative choices.
If the grand jury finds probable cause, prosecutors could bring counts of making false statements to Congress, commonly described as perjury, were the statements shown to be knowingly false and material to the inquiry. Prosecutors could pursue related counts depending on the facts, but the specific charges would hinge on detailed evidence presented to the jury. The DOJ's approach in such cases is guided by statutes and past practice, and any indictment would require a determination that a crime was committed and that there is sufficient evidence to proceed to trial.
The development comes amid a landscape in which the Justice Department handles high-profile, politically charged cases with care and caution. Indicting a former FBI director would be unusual and would reflect the department's assessment that the evidence supports criminal liability for statements made under oath to Congress. Legal experts cautioned that the decision depends on the sufficiency of the grand jury's evidence and the government's ability to prove material false statements beyond a reasonable doubt.
As of now, neither Comey nor his representatives have issued public comments on the matter, and the Justice Department has not publicly confirmed the ongoing review. Analysts note that the case could influence perceptions of accountability for top federal officials and raise questions about the scope of congressional oversight and executive branch accountability. If charged, Comey would face a courtroom process that could span months and become a focal point in partisan debates about the accountability of former government officials.
The timing remains fluid. Sources say a decision could arrive within days or weeks as the grand jury in Virginia continues to hear evidence and weigh the government's case. The parties involved have kept quiet, and the Justice Department has historically reserved indictment announcements until a formal charging decision is reached. Regardless of the outcome, the episode underscores the continuing debate over the boundaries of accountability for those who lead the nation's premier investigative agency.