Justice Department Moves Toward Indicting Ex-FBI Director James Comey

The Justice Department is preparing to ask a grand jury as soon as Thursday to indict former FBI Director James Comey on allegations that he lied to Congress, according to two people familiar with the matter.

The move comes just days before the five-year statute of limitations expires on Comey’s Sept. 30, 2020, testimony regarding the FBI’s investigation into ties between Russia and Donald Trump’s 2016 presidential campaign. Prosecutors face a Tuesday deadline but are expected to present the case to a grand jury beforehand, the people said, speaking on condition of anonymity because they were not authorized to discuss the investigation.

If successful, Comey would become the first former senior government official charged in connection with Trump’s long-standing grievances about the Russia probe, which he has consistently denounced as a “witch hunt.” Multiple U.S. intelligence assessments and bipartisan congressional reports concluded that Moscow interfered in the 2016 election to benefit Trump.

The push follows escalating White House pressure. Last week, President Trump replaced the top federal prosecutor in the Eastern District of Virginia — where the case is being considered — with Lindsey Halligan, a White House aide and one of Trump’s former personal lawyers. Halligan, who lacks significant federal prosecutorial experience, took over after U.S. Attorney Erik Siebert resigned under pressure tied to a separate case involving New York Attorney General Letitia James.

Attorney General Pam Bondi, a Trump ally, has faced criticism from Democrats and legal experts who warn the Justice Department is being politicized to target the president’s adversaries. “This is an attempt at intimidation,” Senate Majority Leader Chuck Schumer, D-N.Y., said in response to the developments.

Comey, who was fired as FBI director in 2017, has remained a frequent target of Trump’s ire. Over the weekend, Trump publicly demanded Bondi bring charges against him.

It remains unclear what specific statements to Congress prosecutors are scrutinizing or how strong their case may be. Justice Department officials themselves have raised concerns in internal memos about the viability of an indictment, one of the people familiar with the matter said.

Previous reviews stopped short of charging Comey. In 2019, the department declined prosecution after an inspector general’s report examined his handling of memos about his conversations with Trump. Special counsel John Durham also did not bring charges against Comey while investigating the FBI’s conduct during the Russia inquiry.

A grand jury must approve any indictment before it proceeds to trial, but the Trump Justice Department has seen several high-profile attempts collapse in recent months.

Comey’s attorney declined to comment Wednesday, saying he had not received updates from federal prosecutors.

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