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James Comey Indicted on Two Felony Counts Over 2020 Senate Testimony

The case arrives after a leadership change at the Justice Department under a looming statute-of-limitations deadline.

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James Comey speaks onstage during Former FBI Director James Comey In Conversation With MSNBC's Nicolle Wallace at 92NY in New York City, on May 30, 2023.
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Former FBI director James Comey sworn in during a hearing before the Senate Select Committee on Intelligence on Capitol Hill on June 8, 2017 in Washington, DC.

Overview

  • A federal grand jury in the Eastern District of Virginia charged Comey with making false statements to Congress and obstructing a congressional proceeding, offenses that each carry up to five years in prison.
  • Prosecutors allege Comey falsely testified on Sept. 30, 2020, that he had not authorized anyone at the FBI to serve as an anonymous source in news reports about an investigation.
  • Lindsey Halligan, newly appointed as interim U.S. attorney and a former Trump lawyer, signed the indictment after predecessor Erik Siebert resigned following internal objections to bringing the case.
  • An arraignment is set for Oct. 9 before Judge Michael S. Nachmanoff in Alexandria, and court records show the grand jury declined a proposed third false-statement count.
  • Comey and attorney Patrick Fitzgerald deny the charges and call for a trial, while President Trump publicly celebrated the indictment and Attorney General Pam Bondi said no one is above the law.