Prosecutors Race to Indict Comey as Perjury Window Narrows
Five-year statute of limitations could force a rapid decision as internal DOJ resistance complicates possible charges tied to Comey's 2020 Senate testimony.
Federal prosecutors are racing to secure an indictment against former FBI Director James Comey for allegedly lying to Congress, with the five-year statute of limitations for perjury looming. The window could shut within days, after which prosecutors would need to impanel a federal grand jury, present evidence, and obtain an indictment from at least 12 jurors before the deadline.
The case centers on Comey’s Sept. 30, 2020 Senate Intelligence Committee testimony about the FBI's handling of the Crossfire Hurricane probe into Trump-Russia allegations.
Two primary hurdles surround the effort: the tight time frame to file perjury charges and potential internal resistance from career prosecutors who may question the case’s viability. ABC News reported that a memo circulated to acting U.S. Attorney Lindsey Halligan — named last week to lead the Eastern District of Virginia — recommended declining to bring perjury and obstruction charges against Comey. The memo noted that the months-long inquiry into Comey’s remarks had failed to establish probable cause and reminded prosecutors of DOJ guidelines requiring charges only when a conviction is more likely than not.
Halligan, however, has the final say and could override those concerns, even as officials acknowledge the political sensitivity of pursuing a case against a former FBI director.
Perjury is a difficult crime for the Department of Justice to prove, lawyers outside the case say. John Fishwick, the former U.S. attorney for the Western District of Virginia, told Fox News Digital that prosecutors must show not only that a statement was false, but that the defendant knew it was false at the time. “Because of the difficulty of proof, it is not often pursued.”
The probe at issue centers on Comey’s testimony during the 2020 Senate Judiciary Committee hearing in which he was asked about a 2016 referral to the FBI regarding Hillary Clinton’s alleged plan involving Russia and elections interference. Comey’s answer — “that doesn’t ring any bells with me” — drew heavy criticism from Republicans at the time and became a flashpoint in the debate over the origins of Crossfire Hurricane. Durham’s later review corroborated that the FBI had been examining the matter for months when Comey spoke.
The broader Crossfire Hurricane inquiry, which examined Trump-Russia allegations, concluded with no evidence of coordination between Trump associates and the Kremlin and has itself been reviewed twice by the Justice Department. The revelations come as Erik Siebert resigned as U.S. Attorney for the Eastern District of Virginia, prompting Halligan’s appointment and fueling public interest in how the DOJ will navigate potential charges.
The indictment, if it arrives, could come as early as Thursday, according to people familiar with the matter. President Donald Trump has repeatedly criticized Comey and used social media to press for investigations into the former FBI director.
