Federal prosecutors in Virginia have concluded a two-month investigation into former FBI Director James Comey without sufficient evidence to bring criminal charges against him. Sources indicate that the prosecutors determined there was no probable cause for an indictment or a conviction at trial. This finding was summarized in a detailed memo provided to Lindsey Halligan, the newly appointed U.S. attorney for the Eastern District of New York.
Despite the lack of evidence, Halligan is reportedly planning to present the case to a grand jury in the coming days. This move aligns with President Donald Trump's ongoing efforts to prosecute some of his political opponents. Trump expressed urgency in a recent statement, saying, "I just want people to act, they have to act, and we want to act fast." He has directed Halligan to pursue charges against Comey, New York Attorney General Letitia James, and Senator Adam Schiff.
Halligan, who previously worked as an insurance lawyer and has no prosecutorial experience, has been advised by career prosecutors in her office that pursuing charges could violate Department of Justice (DOJ) policy and raise ethical concerns. However, sources say she intends to move forward with the indictment, motivated by the directive she received upon her appointment.
Time is of the essence for Halligan, as the five-year statute of limitations for prosecuting Comey for allegedly making false statements is set to expire soon. The push for an indictment comes at a critical time for the U.S. attorney's office, which is responsible for many national security cases. Halligan's predecessor, Erik Siebert, resigned after facing pressure to bring mortgage fraud charges against James, leading to Halligan's appointment by Trump.
Trump has frequently referenced the criminal cases he faces following the 2020 election, including allegations of mishandling national security secrets and attempts to overturn the election results, to justify pursuing charges against Comey, Schiff, and James. In a social media post, Trump stated, "Nothing is being done. What about Comey, Adam 'Shifty' Schiff, and Leticia??? We can't delay any longer, it's killing our reputation and credibility. They impeached me twice, and indicted me (5 times!), OVER NOTHING. JUSTICE MUST BE SERVED, NOW!!!"
The investigation into Comey began in early August, following Trump's renewed calls for prosecutions related to alleged Russian interference in the 2016 election. This inquiry is being conducted alongside investigations in the Western District of Virginia and the Eastern District of Pennsylvania. The probe was initiated after FBI Director Kash Patel discovered sensitive documents at FBI headquarters that were linked to the Russia investigation. Prosecutors focused on Comey's testimony to Congress in September 2020, examining whether it could support charges of perjury or obstruction.
During his testimony before the Senate Judiciary Committee on September 30, 2016, Comey defended his actions, stating, "I would say in the main it was done by the book, it was appropriate, and it was essential that it be done." He rejected claims that the investigation was politically motivated.