James Comey has been indicted on federal charges just days after Donald Trump publicly demanded his Justice Department “act now” to prosecute his political enemies — with internal DOJ sources confirming that there was no clear evidence to support the case.
The former FBI director was charged with making a false statement and obstruction of justice, tied to his 2020 testimony before the Senate Judiciary Committee regarding the Russia investigation. If convicted, Comey faces up to five years in prison, according to a statement from the U.S. Attorney’s Office for the Eastern District of Virginia.
The indictment came after Trump fired U.S. Attorney Erik Siebert, who had reportedly raised red flags about bringing a case against Comey and others, including New York Attorney General Letitia James. Trump then appointed Lindsey Halligan — a former defense attorney and White House aide — to replace him, despite her having no prior prosecutorial experience.
Halligan, a longtime Trump loyalist, is now leading the office that charged Comey. And according to multiple sources familiar with the case, federal prosecutors had already concluded there wasn’t probable cause to indict him.
“Prosecutors informed Halligan they could not establish probable cause to charge Comey,” ABC News reported earlier this week. Despite that, Halligan sought and secured an indictment from the grand jury.
Internal memos reportedly urged Halligan not to pursue charges, citing the lack of admissible evidence and the ethical risk of politicizing the prosecution. Those concerns were apparently overridden.
The timing leaves little room for doubt about Trump’s influence.
In a post on social media just days before the indictment, Trump wrote: “Pam Bondi is doing a GREAT job as Attorney General of the United States. She is very careful, very smart, loves our Country, but needs a tough prosecutor in the Eastern District of Virginia, like my recommendation, Lindsey Halligan, to get things moving.”
He also called Comey’s case a “GREAT CASE” that should have been brought “long ago.”
The DOJ’s move marks the most aggressive escalation yet in what critics say is Trump’s long-running campaign to weaponize the justice system against those who challenged him. Comey, who was fired by Trump in 2017 amid the Russia probe, has been a frequent target of the president’s attacks — and a vocal critic of Trump’s behavior in office.
The investigation into Comey was revived in August, shortly after Trump’s latest public calls for prosecutions related to the Russia investigation. Sources say the inquiry was triggered by FBI Director Kash Patel’s discovery of internal documents at FBI headquarters. Those documents allegedly prompted a review of whether Comey had lied under oath or authorized media leaks.
Prosecutors zeroed in on Comey’s 2020 congressional testimony, focusing in particular on his statements about Hillary Clinton and the origins of the Russia probe. But according to internal sources, there was no prosecutable evidence — just political pressure.
An attorney for Comey declined to comment. However, those close to the former FBI director say his defense will likely highlight what they call a blatant abuse of power by Trump and his allies inside the Justice Department.
“This isn’t justice. It’s retribution,” said one former DOJ official familiar with the situation.
The indictment of a former FBI director — especially under such conditions — now sets the stage for a high-stakes legal battle. But for many in Washington and beyond, the bigger question may not be Comey’s guilt or innocence, but whether the rule of law can survive this era of political prosecution.
