Today's News: Justice Department Scrambles to Indict Former FBI Director James Comey

The potential charges stem from allegations that Comey lied to Congress during his September 30, 2020, testimony regarding the FBI’s investigation into Russian interference in the 2016 election.

Photo: Melina Mara/The Washington Post

Overview

• Date: September 24, 2025

• Summary: Federal prosecutors in Virginia are racing against a looming statute of limitations deadline to present a case to a grand jury for the indictment of former FBI Director James Comey. The potential charges stem from allegations that Comey lied to Congress during his September 30, 2020, testimony regarding the FBI’s investigation into Russian interference in the 2016 election. This expedited effort follows intense public and private pressure from President Donald Trump, who recently replaced the U.S. Attorney overseeing the case with a former personal lawyer after the previous prosecutor expressed doubts about the sufficiency of evidence. The move has raised concerns among career prosecutors and legal experts about the political influence on the Justice Department.

Sources

• The New York Times - U.S. Attorney Scrambles to Present Case Against James Comey

• CNN - DOJ nearing decision whether to charge former FBI Director James Comey with lying to Congress, sources say

• NBC News - Justice Department weighing whether to charge former FBI Director James Comey, sources say

• Fox News - Justice Department seeks to indict former FBI Director James Comey for allegedly lying to Congress

• The Washington Post - Va. federal prosecutors preparing to seek Comey indictment, people familiar with matter say

• The Wall Street Journal - Justice Department Officials Race to Charge James Comey as Deadline Looms

Key Points

• The Justice Department is actively preparing to seek an indictment against former FBI Director James Comey for allegedly lying to Congress. The case is being handled by the U.S. Attorney’s Office for the Eastern District of Virginia.

• The potential charges are focused on Comey’s testimony on September 30, 2020, concerning the FBI’s investigation into Russian interference in the 2016 U.S. presidential election.

• A five-year statute of limitations for these charges is set to expire early next week, specifically next Tuesday.

• President Donald Trump has exerted significant pressure on the Justice Department, publicly and privately demanding the prosecution of Comey and other perceived political adversaries.

• Erik Siebert, the previous U.S. Attorney for the Eastern District of Virginia, was forced out or resigned due to concerns about insufficient evidence to bring charges against Comey and New York Attorney General Letitia James.

• Lindsey Halligan, a former personal lawyer for President Trump and White House aide with no prior prosecutorial experience, was appointed to replace Siebert.

• There are internal doubts among career prosecutors and Justice Department officials about whether there is sufficient evidence to support criminal charges and secure a conviction.

• A federal grand jury must approve any indictment, and it is not guaranteed that they will find the evidentiary threshold met.

• James Comey has consistently maintained that he has been truthful under oath.

Unique Highlights

• The New York Times highlights that Lindsey Halligan had no experience as a prosecutor before her recent appointment and quotes John P. Fishwick, a former U.S. attorney, on the difficulty of proving perjury. It also mentions William J. Pulte, director of the Federal Housing Finance Agency, urging Siebert’s firing.

• CNN details Comey’s social media post (“86 47”) that some interpreted as a threat to the president, and his subsequent voluntary interview with the US Secret Service. It also provides background on the DOJ Inspector General’s report finding that Comey violated agency policies by leaking information from memos, though not classified information.

• NBC News includes a direct quote from President Trump’s Truth Social post: “They impeached me twice, and indicted me (5 times!), OVER NOTHING. JUSTICE MUST BE SERVED, NOW!!!”. It also specifies that Senator Ted Cruz’s question to Comey involved the authorization of an information leak.

• Fox News mentions the John Durham special counsel probe, which investigated the FBI’s “Crossfire Hurricane” probe and resulted in charges against lower-level FBI officials, but found no illegal conduct by FBI leadership.

• The Washington Post provides specific details of the questions posed to Comey during his 2020 testimony by Senator Lindsey Graham (regarding a plan concerning Hillary Clinton and Russian hackers) and Senator Ted Cruz (regarding leaks). It also references a 2018 DOJ Inspector General finding that Andrew McCabe “lacked candor” to Comey about a disclosure. The article clarifies that Comey testified remotely from McLean, Virginia, which is why the case is in the Eastern District of Virginia.

• The Wall Street Journal notes that another administration probe is looking at the FBI’s handling of classified documents under Comey’s leadership. It explicitly states that Attorney General Pam Bondi has expressed reservations about the case, despite President Trump’s pressure. The article also describes President Trump’s fundamental remaking of the Justice Department into “an arm of his agenda.”

Contrasting Details

• Erik Siebert’s Departure and Reasons for Comey Case Hesitation:

  • CNN states that Erik Siebert had “fewer hesitations over bringing charges in the Comey investigation.”

  • In contrast, The New York Times, NBC News, The Washington Post, and The Wall Street Journal indicate that Siebert either “raised concerns about a potential case against Mr. Comey,” “decided to resign rather than seek an indictment of Comey due to the lack of evidence in the case,” “determined that the evidence… was insufficient to charge the former FBI director,” or “told colleagues he didn’t see a case to bring against Comey.” This is a direct discrepancy regarding Siebert’s stance on the Comey case.

• Manner of Siebert’s Departure:

  • NBC News initially reports that “Senior Justice Department sources recently said that Siebert had decided to resign rather than seek an indictment of Comey,” but then adds, “Trump later posted on X that he had fired Siebert, rather than him resigning.” While other sources generally state Trump “forced out” or “ousted” Siebert, NBC News explicitly highlights the conflicting accounts of whether he resigned or was fired.

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