A federal grand jury indicted former FBI Director James Comey Sept. 25 on charges of lying to Congress and obstruction, allegations leveled after a years-long tumultuous relationship with President Donald Trump, who fired Comey for investigating his 2016 campaign's contacts with Russia.
The indictment relates to testimony by Comey on Sept. 30, 2020. Prosecutors claim Comey falsely said that day that he hadn't “authorized someone else at the FBI to be an anonymous source in news reports" regarding an FBI investigation.
"My heart is broken for the Department of Justice, but I have great confidence in the federal judicial system," Comey said in a video on Instagram. "I'm innocent, so let's have a trial and keep the faith my family and I have known for years."
Trump celebrated the indictment on social media.
"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," Trump posted on Truth Social. "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!"
Much of Comey's testimony on Sept. 30, 2020 focused on the FBI's investigation into Russian interference in the 2016 presidential election to benefit Trump. Ultimately, special counsel Robert Mueller concluded there wasn't sufficient evidence that the Trump campaign coordinated with Russia.
'We will not live on our knees'
Patrick J. Fitzgerald, a former senior Justice Department official who is one of Comey's defense lawyers, said in an emailed statement to USA TODAY that Comey denies the charges "in their entirety" and the defense teams looks forward "to vindicating him in the courtroom."
Comey struck a personal note, while voicing defiance, in his video statement.
"My family and I have known for years that there are costs to standing up to Donald Trump, but we couldn't imagine ourselves living any other way," he said, while looking straight into a close-up camera. "We will not live on our knees, and you shouldn't either."
Comey also referenced a reported statement from his daughter, Maurene Comey, after Trump fired her from the Manhattan federal prosecutorial office. She has since sued the Trump administration, alleging her ousting was driven by who her father is and was illegal.
"Somebody that I love dearly recently said that fear is the tool of a tyrant, and she's right, but I'm not afraid, and I hope you're not either," he said. "I hope instead, you are engaged, you are paying attention, and you will vote like your beloved country depends upon it, which it does."
Indictment follows Trump ousting US attorney, calling for charges against Comey
The indictment came just days after Trump publicly called on Attorney General Pam Bondi to seek criminal charges against Comey and two other political antagonists, California Sen. Adam Schiff and New York Attorney General Letitia James.
“They’re all guilty as hell, but nothing is going to be done,” Trump said in a Sept. 20 Truth Social post, addressed to “Pam."
“We can’t delay any longer, it’s killing our reputation and credibility,” Trump said. “They impeached me twice, and indicted me (5 times!), OVER NOTHING. JUSTICE MUST BE SERVED, NOW!!!”
In recent days, the case was overseen by Trump’s new chief prosecutor in the Eastern District of Virginia, Lindsey Halligan, a former real estate lawyer with no prosecutorial experience.
Halligan was thrust into that role on Sept. 20 when Trump announced that he was tapping her to replace Erik Siebert as the top prosecutor in Alexandria, a Washington, D.C. suburb.
Siebert, who was overseeing the Justice Department’s criminal mortgage fraud investigation into James, left his post on Sept. 19. Siebert reportedly resigned after informing the DOJ that he had insufficient evidence to pursue charges against James, and raising concerns about the strength of the case against Comey.
Trump insisted, though, in a Truth Social post that he "fired” Siebert because of his "UNUSUALLY STRONG support" from Virginia’s Democratic senators.
Critics fear abuse of power in play
The indictment drew instant criticism from Democrats.
“Donald Trump has made clear that he intends to turn our justice system into a weapon for punishing and silencing his critics," said U.S. Sen. Mark R. Warner (D-VA), Vice Chairman of the Senate Select Committee on Intelligence, in a statement.
Warner highlighted Siebert's ousting from his prosecutorial role after he reportedly didn't back a case against Comey.
“This kind of interference is a dangerous abuse of power," Warner said. "Trump is undermining one of the most important U.S. Attorney’s offices in the country and eroding the rule of law itself.”
Matthew Miller, who served as the Justice Department's spokesperson under former President Barack Obama, expressed grave concern about the implications of the prosecution.
"The Justice Department we have long known is dead," Mill said. "As in many authoritarian states, it now exists as an arm of the government to punish the president’s enemies, regardless of the law. A tragedy for the country with lasting implications, even if this case is dismissed."
Comey's defense team had no immediate comment on the charges. Attorney General Pam Bondi issued a statement on X addressing the charges.
"No one is above the law," Bondi posted, without clarifying whom she was referencing. "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."
When asked if was personally pushing for a Comey indictment, Trump said Sept. 25 that while he could have gotten personally involved, he chose not to. Instead, he said, “very professional people,” including Bondi and Deputy Attorney General Todd Blanche, would make the decision on any criminal charges.
For years, Trump has publicly attacked Comey, while the former FBI director sharply criticized Trump in return.
And while Trump said the decision to prosecute Comey rested with his appointed leaders at the DOJ, the president’s comments were part of a broader pressure campaign on law enforcement to go after his political enemies, including through criminal prosecution.
This is a developing story and will be updated.
Contributing: Nick Penzenstadler – USA TODAY.
This article originally appeared on USA TODAY: Former FBI Director James Comey indicted on charges sought by Trump Justice Department
Reporting by Josh Meyer and Aysha Bagchi, USA TODAY / USA TODAY
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