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New EDVA U.S. Attorney Moves To Seek Comey Indictment Before Statute Deadline

A declination memo from career prosecutors says probable cause is lacking, underscoring concerns about political pressure on the Justice Department.

Overview

  • Lindsey Halligan, recently installed as interim U.S. attorney in the Eastern District of Virginia, is preparing to ask a grand jury to charge James Comey over his Sept. 30, 2020 testimony, according to multiple reports.
  • Career prosecutors in the office delivered a memo this week advising against charges and concluding they could not establish probable cause for perjury or obstruction.
  • Attorney General Pam Bondi has voiced reservations about the case as President Trump publicly presses for prosecutions and the five-year statute of limitations expires Tuesday.
  • Sources say a Virginia grand jury is reviewing the matter, but any indictment remains uncertain and could be declined despite leadership’s push.
  • The probe has included a subpoena to Comey associate Daniel C. Richman and followed leadership upheaval in EDVA, including Erik Siebert’s departure after pressure to pursue politically charged cases.