Federal prosecutors have concluded that their investigation into former FBI Director James Comey may face significant challenges. Sources indicate that a key witness, law professor Daniel Richman, could complicate the case against Comey, who is accused of making false statements to Congress.

Richman reportedly told investigators that Comey instructed him not to speak with the media on multiple occasions. He also stated that Comey never authorized him to leak information to reporters before the 2016 election. This testimony raises doubts about the prosecution's ability to prove that Comey knowingly provided false statements to Congress.

Comey was indicted last month on charges of making a false statement and obstruction related to his 2020 testimony before the Senate Judiciary Committee. He is scheduled to appear in a Virginia courtroom for his arraignment on Wednesday. However, Justice Department officials have expressed concerns that the case could falter under judicial scrutiny.

Prosecutors spent two months investigating Comey's 2020 testimony and concluded that using Richman's testimony to support their case would likely lead to "insurmountable problems." A memo detailing these findings recommended against pursuing charges against Comey. Despite this, Lindsey Halligan, the U.S. attorney for the Eastern District of Virginia, moved forward with the case and secured two out of three counts against Comey.

During grand jury proceedings, prosecutors are not required to present evidence that may be favorable to the defendant. However, such evidence must be disclosed to the defendant before trial. Halligan's deputy raised concerns about the case's viability, describing Richman as a hostile witness and warning that no single piece of evidence could definitively prove Comey lied to Congress.

Prosecutors also noted difficulties in quickly bringing the case to trial due to challenges in identifying relevant materials for Comey's defense team. They expressed concerns that the statute of limitations could be cited by Comey's defense, as the allegations stem from testimony given in 2017 and were reiterated during his 2020 testimony.

Comey is expected to plead not guilty and has denied any wrongdoing, claiming he is being targeted for political reasons. His indictment followed a public demand from former President Donald Trump for the Justice Department to take action against Comey and others. Trump criticized the lack of action, stating, "Nothing is being done. What about Comey, Adam 'Shifty' Schiff, and Leticia???"

Halligan alleges that Comey misled Congress in both 2017 and 2020 by claiming he never authorized anyone at the FBI to leak information to the media anonymously. Trump has accused Comey of breaking the law by sharing memos that he claims contained classified information. However, Richman later stated that none of the documents had classification markings.

In a September meeting with prosecutors, Richman denied ever serving as an anonymous source for Comey or acting at his direction while Comey was FBI director. He reiterated that Comey advised him against speaking with the press in at least two instances. Investigators reviewed Comey's emails and found no evidence that he approved any leaks to reporters.

The focus of the federal inquiry has been on Comey's actions as FBI director, particularly regarding alleged leaks about the Trump and Clinton campaigns before the 2016 election. Prosecutors have determined that the evidence collected would not be sufficient to convince a jury to convict Comey, nor would it meet the lower standard of probable cause needed to bring a case against him.