DOJ Seeks Indictment of Former FBI Director James Comey in Virginia/ Newslooks/ WASHINGTON/ J. Mansour/ Morning Edition/ Federal prosecutors are close to deciding whether to charge former FBI Director James Comey with perjury for allegedly lying during 2020 congressional testimony about the Russia probe. The five-year legal window to indict is set to expire within days. The decision could mark a major development in the Trump administration’s push to prosecute political opponents.
James Comey Investigation Quick Looks
- Subject: DOJ may indict James Comey for perjury.
- Timing: Statute of limitations expires at the end of September.
- Focus: Alleged false statements in 2020 testimony on Russia probe.
- Prosecutors: Eastern District of Virginia grand jury reviewing case.
- Comey Status: Not charged; denies any wrongdoing or intent to mislead.
- DOJ Shake-up: Trump removed prosecutor Erik Siebert, installed Lindsey Halligan.
- Political Pressure: Trump demands quicker action on Comey and others.
- Controversial Post: Comey posted cryptic “86 47” photo, denied threat.
- Prior Conduct: IG report found Comey violated FBI policy with memo leaks.
- Grand Jury Decision: Could be imminent as deadline nears.
Deep Look: DOJ Considers Perjury Charges Against Former FBI Director James Comey
WASHINGTON — Federal prosecutors are nearing a high-stakes decision over whether to bring perjury charges against former FBI Director James Comey, a move that would represent one of the most politically charged prosecutions of President Donald Trump’s second term.
Sources familiar with the investigation say the Department of Justice is preparing to ask a grand jury in the Eastern District of Virginia to consider an indictment against Comey for allegedly lying under oath during a September 30, 2020, congressional hearing. At issue is his testimony on how he handled the FBI’s investigation into Russian interference in the 2016 U.S. presidential election.
The statute of limitations on the alleged offense expires in just days, giving prosecutors until the five-year anniversary of the testimony to bring charges.
If approved, the case would mark a significant escalation in the Trump administration’s ongoing efforts to prosecute individuals tied to what it has labeled the “deep state.” Comey has long been a top target for Trump and his allies, dating back to the early days of the Russia probe.
A Contentious Testimony Under Scrutiny
Comey testified before the Senate Judiciary Committee in 2020, defending his role in the FBI’s handling of the Russia investigation and asserting he had not authorized any leaks to the press. However, critics argue that his testimony contradicted earlier statements and actions.
During his time as FBI Director, Comey authored memos documenting private conversations with Trump. He later shared those memos with a friend, Columbia law professor Daniel Richman, instructing him to share them with a journalist. While a 2019 Inspector General report found Comey violated FBI policy by retaining and sharing the memos, it concluded he did not leak classified information.
Still, Trump seized on the findings, calling Comey “thoroughly disgraced” and demanding prosecution. Now, with just days left to act, the DOJ may finally be ready to proceed.
DOJ Turmoil and Political Pressure
Complicating the matter is a sudden shake-up inside the Justice Department. Trump recently fired Erik Siebert, the U.S. Attorney overseeing the Comey investigation. Although Siebert had reportedly been willing to consider charges, he had resisted Trump’s push to indict New York Attorney General Letitia James on separate mortgage fraud claims.
In Siebert’s place, Trump appointed Lindsey Halligan, a former personal lawyer, as acting U.S. Attorney in the Alexandria-based office. Halligan has been seen at DOJ headquarters in recent days as the department moves toward possible decisions in the Comey case and others.
The reshuffling has sparked concern over political interference in the DOJ’s prosecutorial process, particularly as Trump has openly criticized the pace of investigations into his adversaries.
“86 47” Controversy and Secret Service Interview
Comey recently attracted further scrutiny when he posted an image on social media of beach shells arranged to read “86 47.” Supporters of Trump interpreted it as a threat to assassinate the 47th president. Comey denied the implication, claiming it was an artistic arrangement with no political intent.
He voluntarily met with U.S. Secret Service agents, who are responsible for protecting current and former presidents. No charges were filed related to the post, but it added fuel to the political firestorm surrounding his public presence.
Legacy of Controversy
Comey’s tenure at the FBI has long been a flashpoint in American politics. His handling of both the Russia probe and the Hillary Clinton email investigation has drawn criticism from both sides of the aisle.
His dismissal by Trump in 2017, just months into the new administration, was an unprecedented move that led to the appointment of Special Counsel Robert Mueller. The subsequent investigation cast a shadow over much of Trump’s first term and set the stage for years of partisan conflict.
Comey has maintained that he followed the law throughout his service and testified in 2020 that he stood by previous statements denying any improper leaks or media authorization.
An attorney for Comey declined to comment when contacted by CNN.
Next Steps and Grand Jury Decision
The DOJ’s window for legal action is rapidly closing. Under federal law, perjury charges must typically be brought within five years of the alleged offense. With the September 30, 2020, testimony nearing its fifth anniversary, prosecutors must decide imminently.
The decision rests with a federal grand jury in Virginia. If an indictment is approved, it would represent one of the most prominent criminal cases yet brought during Trump’s return to office — and likely deepen already intense partisan divisions.
For now, Comey remains uncharged, but the legal and political stakes continue to climb.
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