Durham Said He Found No Evidence to Charge Comey, Undercutting Virginia Case

The disclosure mirrors prior declinations by career prosecutors, strengthening expected defense challenges.

Overview

ABC News reports that John Durham told Virginia prosecutors in August he could not find evidence to support false‑statement or obstruction charges against James Comey.
After a two‑month review, prosecutors in the Eastern District of Virginia reached the same conclusion and submitted a declination memo that cited Durham and a prior D.C. investigation.
U.S. Attorney Lindsey Halligan rejected that recommendation and sought three counts; a grand jury returned two counts and issued no bill on a separate false‑statement allegation tied to an intelligence report.
The charges focus on claims that Comey lied about approving a media leak through his friend and former lawyer Daniel Richman, an allegation D.C. prosecutors previously said they could not substantiate.
Sources say senior Justice Department leaders questioned the case, and no career prosecutor agreed to present it to the grand jury on Halligan’s behalf.