The U.S. Attorney for the Eastern District of Virginia, appointed by Donald Trump, is expected to ask a grand jury to indict former FBI Director James Comey for allegedly lying to Congress. This move comes despite previous findings by prosecutors and investigators that there was insufficient evidence to support such charges.

Sources familiar with the investigation revealed that Lindsey Halligan, who previously served as Trump’s personal attorney, received a memo recommending against pursuing perjury and obstruction charges against Comey. This memo was presented to her earlier this week. The investigation by the Department of Justice (DOJ) reportedly failed to establish probable cause for a crime, indicating that prosecutors could not meet the necessary legal standards to secure an indictment.

According to DOJ guidelines, charges should not be brought unless there is a strong likelihood of a conviction. Specifically, prosecutors must demonstrate that a defendant is "more likely than not to be found guilty beyond a reasonable doubt by an unbiased trier of fact" and that any conviction would withstand an appeal.

Despite these recommendations, Halligan is planning to present evidence to a grand jury before the statute of limitations for the alleged offense expires next week. Halligan has no prior experience in prosecuting criminal cases, having worked primarily as an insurance lawyer.

The push to indict Comey aligns with recent public statements from Trump, who has called for prosecutions against Comey, Senator Adam Schiff, and New York Attorney General Letitia James. Comey’s attorney has not yet responded to requests for comment regarding the potential indictment.