Report: DOJ to Indict Former FBI Director Comey

Former FBI Director James Comey is expected to be criminally indicted in the coming days by the U.S. Department of Justice (DOJ), MSNBC reports.

If the indictment ultimately goes forward, it would mark a dangerous escalation of President Donald Trump’s efforts to wield the DOJ against his perceived political enemies.

The charges are expected despite a lengthy investigation failing to find evidence of a crime, ABC News reported.

The charges would reportedly come from the Eastern District of Virginia. Last week, Trump forced the U.S. attorney for that district, Erik Siebert, out of his post and replaced him with Lindsey Halligan, one of Trump’s former personal attorneys who has no prosecutorial experience.

Trump ordered Attorney General Pam Bondi over the weekend to move more aggressively in prosecuting his political opponents, including Comey and New York Attorney General Letitia James (D).

Trump has long vowed to get revenge on Comey for his handling of the investigation into Russian meddling in the 2016 U.S. presidential election.

The full extent of the charges against Comey is unclear. But MSNBC, citing three sources familiar with the matter, reported that the indictment could accuse the former FBI director of lying to Congress while testifying nearly five years ago about whether he ever leaked information to the media.

Since Comey last testified before Congress in late September 2020, the statute of limitations for the perjury charge is set to lapse Tuesday, Sept. 30. 

During a hearing before the Senate Judiciary Committee, Comey defended the Russia election interference investigation and testified that he hadn’t leaked information to the media and did not authorize anyone else in the FBI to do so.

Normally, it would be unusual for prosecutors to bring charges related to congressional testimonies in the Eastern District of Virginia. However, Comey, who lives in eastern Virginia, testified before the Senate Judiciary Committee remotely due to the coronavirus pandemic.

In addition to its probe into Comey, the Eastern District of Virginia is investigating James over dubious mortgage fraud allegations against her. 

Though Siebert resigned, Trump recently claimed he fired Siebert for raising concerns about the legal viability of bringing charges against James. 

CNN reported Wednesday that federal prosecutors have yet to reach a final decision on whether to bring perjury charges against Comey.

In order to secure an indictment against Comey, prosecutors will first have to go before a grand jury, which could reject the request.

The Eastern District’s monthslong investigation into Comey failed to establish probable cause of a crime, ABC News reported, citing sources with direct knowledge of the probe. 

Probable cause is a much lower legal standard, only requiring enough evidence to lead a reasonable person to believe a crime has been committed and that a person can be formally accused of a crime in an indictment.

This story has been updated with additional details throughout.