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Federal prosecutors in Virginia have charged former FBI Director James Comey with obstruction of justice and making false statements, just days after President Donald Trump publicly urged his Justice Department to indict his political enemies and replaced a top federal prosecutor who resisted.
The indictment, returned Thursday by a grand jury in Alexandria, stems from Comey’s 2020 testimony before the Senate Judiciary Committee about the FBI’s investigation into links between Trump’s 2016 campaign and Russia. Prosecutors filed the case just before the statute of limitations would have expired on Sept. 30.
Attorney General Pam Bondi announced the charges on X, saying the indictment “reflects this Department of Justice’s commitment to holding those who abuse positions of power accountable.”
“No one is above the law,” Bondi wrote. “We will follow the facts in this case.”
Lindsey Halligan, the new U.S. attorney for the Eastern District of Virginia, installed by the Trump administration earlier this week, called the charges “a breach of the public trust at an extraordinary level.”
“The balance of power is a bedrock principle of our democracy,” Halligan said. “Any intent to obstruct congressional oversight violates professional responsibility and, most importantly, the law.”
A lawyer for Comey did not immediately respond to a request for comment. Each felony count carries a potential five-year prison sentence.
Political Firestorm Over DOJ Independence
The indictment has triggered alarm inside and outside the Justice Department, where current and former officials said Trump appeared to have personally directed the prosecution of a longtime foe. Legal experts warned that the case could be challenged as selective or retaliatory, raising questions about the independence of federal law enforcement.
Trump has long accused Comey of leading a “witch hunt” over Russian interference in the 2016 election and has repeatedly vowed to prosecute him.
Last week, Erik Siebert, the top federal prosecutor in Virginia’s Eastern District, resigned after reportedly opposing efforts to target Trump’s political opponents. Bondi quickly replaced him with Mary Cleary, a local Republican lawyer — but Trump blasted Bondi on Truth Social hours later, demanding faster action.
“What about Comey, Adam ‘Shifty’ Schiff, Leticia [James]??? They’re all guilty as hell,” Trump wrote. “We can’t delay any longer… JUSTICE MUST BE SERVED, NOW!!!”
Within 48 hours, Cleary was removed and Halligan — a former Trump lawyer with no prior prosecutorial experience— was sworn in.
Details of the Charges
Comey’s obstruction charge appears to relate to his 2020 testimony before the Senate Judiciary Committee, during questioning by Sen. Lindsey Graham (R-S.C.) about a 2016 intelligence referral suggesting Hillary Clinton’s campaign sought to deflect attention from her private email controversy by tying Trump to Russia.
When Graham asked if Comey remembered the referral, Comey replied:
“That doesn’t ring any bells with me,” as the audio glitched.
The false statement count concerns Comey’s assertion during the same hearing that he never authorized anyone at the FBI to serve as an anonymous source for news stories — a claim prosecutors allege was knowingly false.
The Justice Department did not release the full text of the indictment Thursday night.
Historical Context
Comey, who led the FBI from 2013 to 2017, was fired by Trump amid the Russia probe, sparking the appointment of Special Counsel Robert Mueller. His dismissal and subsequent testimony became a flashpoint in Trump’s first impeachment and a cornerstone of the former president’s long-running campaign to discredit the FBI.
Legal analysts say the charges could represent the most direct politicization of the DOJ since the Watergate era.
