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Justice Department Moves to Seek Grand Jury Indictment of James Comey Before Deadline

A looming five-year deadline follows a leadership change that overruled career prosecutors.

Overview

  • Prosecutors in the Eastern District of Virginia are preparing to present alleged false-statements evidence to a grand jury as soon as Thursday, with the statute of limitations tied to Comey’s Sept. 30, 2020 testimony expiring Tuesday.
  • The push follows President Trump’s public call for prosecutions and the ouster of U.S. Attorney Erik Siebert, who opposed charging, according to multiple reports.
  • Lindsey Halligan, a former Trump defense lawyer and White House aide with no prior prosecutorial experience, was sworn in this week as interim U.S. attorney and is overseeing the case.
  • Career DOJ prosecutors concluded after a months-long probe that the evidence did not meet probable-cause standards and recommended declining perjury and obstruction charges, sources said.
  • Investigators have focused on whether Comey lied about authorizing leaks or recalling a 2016 referral, and any indictment would require at least 12 grand jurors, with reports indicating the presentation may occur in Richmond.