1 of 2 | James Comey (pictured in Washington, D.C., in 2006) was director of the Federal Bureau of Investigation. On Thursday, the Justice Department announced that he will be tried for allegedly lying to Congress and obstructing justice amid a 2020 investigation into Russian collusion claims. File Photo by Mike Theiler/UPI | License Photo
Former FBI Director James Comey will be tried for allegedly lying to Congress and obstructing justice amid a 2020 investigation into Russian collusion claims.
The U.S. District Court of Eastern Virginia grand jury indicted Comey on Thursday with one count each of making a false statement and obstruction, relating to oral testimony before the U.S. Senate Judiciary Committee in September 2020.
“The charges as alleged in this case represent a breach of the public trust at an extraordinary level,” interim U.S. Attorney for Eastern Virginia Lindsey Halligan said in a statement.
“The balance of power is a bedrock principle of our democracy, and it relies upon accountability and a forthright presentation of facts from executive leadership to congressional oversight. Any intent to avoid, evade, prevent or obstruct compliance is a violation of professional responsibility, and, most importantly, the law.”
Halligan secured the grand jury indictments against Comey after federal prosecutors earlier said they had no probable cause for charging the former FBI director.
Attorney General Pam Bondi lauded the indictments in a statement on Thursday.
“No one is above the law,” she said.
“Today’s indictment reflects this Department of Justice’s commitment to holding those who abuse positions of power accountable for misleading the American people. We will follow the facts in this case.”
The indictment comes less than a week before the statute of limitations would have expired, making it impossible to prosecute Comey for allegedly lying to the Senate Judiciary Committee on Sept. 30, 2020.
The committee was investigating the FBI’s Crossfire Hurricane investigation into alleged collusion between Russian officials with President Donald Trump’s 2016 election campaign.
The president accused former U.S. Attorney Erik Siebert of intentionally delaying action on the matter to allow the statute of limitations to expire in the matter. Siebert resigned under pressure from the Trump administration.
The indictment means Comey will have to appear in court for an arraignment hearing that is yet to be scheduled, where he will have to enter a plea and possibly post a bond.
He could be imprisoned for up to five years and fined if found guilty of lying to Congress and another five years and potential fines if convicted of obstruction of justice.
According to a copy of the indictment obtained by The New York Times, Comey allegedly lied to Congress by stating he had not authorized an FBI employee to be an anonymous source in news reports.
“That statement was false,” according to the indictment, which states Comey “then and there knew, he in fact had authorized PERSON 3 to serve as an anonymous source in news reports regarding an FBI investigation.”
The indictment is not explicit, but it is seemingly referring to an exchange between Sen. Ted Cruz, R-Texas, and Comey about if he had authorized his then deputy to speak with a reporter about the investigation.
Comey told Cruz that he did not.
In a video published to Instagram after the indictment was announced, Comey, a Republican, acknowledged that he understood there was a price to pay for standing up to Trump.
“We will not live on our knees,” he said. “And you shouldn’t either.”
He said he is innocent of the charges leveled against him, adding “my heart is broken for the Department of Justice” but he has confidence in the federal judicial system.
“So, let’s have a trial. And keep the faith,” he said.
The indictment was not wholly unexpected, as Trump campaigned on seeking retribution against his political opponents.
Since returning to the White House in January, Trump has used his executive powers to censor law firms, lawyers and officials linked to his prior criminal cases, as well as opened federal investigations into others.
After it was announced, Democrats came out in force rebuking it.
Rep. Jamie Raskin, D-Md., ranking member of the House Judiciary Committee, chastised Trump for firing Siebert and finding “a subservient new replacement to carry out his revenge prosecution.”
He said Siebert was fired because he found no evidence to pursue criminal charges against Comey.
“But Trump refuses to allow the facts or the law to stand in the way of his wrath and vengeance campaign,” Raskin said in a statement.
“He forced Mr. Seibert to resign in order to replace him with one of his former defense attorneys, Lindsey Halligan, who has literally no prosecutorial experience but is clearly willing to blindly carry out the president’s orders.”
Sen. Elizabeth Warren, D-Mass., similarly framed Siebert’s firing and replacement with Halligan as Trump’s weaponization of the Justice Department.
“Using the justice system to go after a political opponent is what dictators do,” she said. “It’s Comey today, but it could be anyone tomorrow.”
Rep. Jim Himes, D-Conn., described the indictment as “one of the most sickening abuses of power in the history of the DOJ.”
“Trump is using every tool available to get vengeance on his political rivals,” he said. “It’s corruption plain and simple — our country deserves better.”
And Sen. Amy Klobuchar, D-Minn., in a statement called it “dangerous.”
“The targeting of the President’s perceived enemies continues,” she said.
Trump, meanwhile, praised the indictment on his Truth Social media platform.
“JUSTICE IN AMERICA! One of the worst human beings this Country has ever been exposed to is James Comey, the former Corrupt Head of the FBI,” he said in the statement.
“He has been so bad for our Country, for so long, and is now at the beginning of being held responsible for his crimes against our NATION. MAKE AMERICA GREAT AGAIN!”
