A federal grand jury indicted former FBI Director James B. Comey on Thursday on charges he lied to Congress and obstructed a congressional proceeding, days after President Donald Trump demanded that the Department of Justice prosecute his long-time foe.
The charges follow a public campaign by the president for the indictment of Comey and other perceived political enemies, and they come after Trump forced out the U.S. attorney in the Eastern District of Virginia and appointed an ally of his to the spot.
The indictment, filed in that district, focuses on Comey’s testimony at Senate Judiciary Committee hearing on Sept. 30, 2020, and states he lied when he said he “had not ‘authorized someone else at the FBI to be an anonymous source in news reports’ regarding an FBI investigation.”
In the first count, Comey is accused of violating the Section 1001 of Title 18, a rarely used law that has ensnared other high-profile figures, including television personality Martha Stewart and political figures such as former Illinois Gov. Rod Blagojevich and Michael Cohen, Trump’s former personal lawyer.
In the second count, Comey is accused of violating Section 1505 of Title 18 by obstructing “the due and proper exercise of the power of inquiry under which an investigation was being had before the Senate Judiciary Committee.”
Both charges carry a maximum five years in prison, but no minimum sentence. An arraignment was set for Oct. 9 before Judge Michael S. Nachmanoff of the Eastern District of Virginia.
The Justice Department in a press release announced the “serious crimes related to the disclosure of sensitive information.”
“No one is above the law,” Attorney General Pamela Bondi said. “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.”
The Justice Department press release said that “Comey stated that he did not authorize someone at the FBI to be an anonymous source. According to the indictment that statement was false.”
During the 2020 hearing, Sen. Ted Cruz, R-Texas, pointed to Comey’s testimony during a 2017 hearing in which Comey said he had not authorized another FBI official to be an anonymous source in certain news reports.
Cruz said former FBI Deputy Director Andrew McCabe had a different telling. “Mr. McCabe who works for you has publicly and repeatedly stated that he leaked information to the Wall Street Journal and that you were a directly aware of it and that you directly authorized it,” Cruz said.
“What Mr. McCabe is saying and what you testified to this committee cannot both be true. One or the other is false. Who’s telling the truth?” Cruz asked.
“I can only speak to my testimony. I stand by what, the testimony you summarized, that I gave in May of 2017,” Comey responded.
Trump quickly cheered the indictment on social media, writing: “JUSTICE IN AMERICA!” Comey, he said in the post, was “one of the worst human beings this Country has ever been exposed to.”
“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,” Trump posted.
Comey attorney Patrick Fitzgerald disputed the charges in a statement Thursday. “Jim Comey denies the charges filed today in their entirety. We look forward to vindicating him in the courtroom,” Fitzgerald said.
Questionable timing
The timing of the indictment will raise criticisms that the White House encroached on the department’s traditional independent decision-making, particularly on criminal prosecutions against public officials. Some legal experts say Trump’s prior words and actions could undermine any criminal cases that he has encouraged.
On Saturday, Trump posted on social media asking “Pam” — presumably the attorney general — why she had not yet charged Comey, Sen. Adam B. Schiff, D-Calif., and New York Attorney General Letitia James.
The indictment came days after the Justice Department replaced interim U.S. Attorney Erik Siebert with White House aide Lindsey Halligan. Halligan signed Thursday’s indictment.
Comey served as the director of the FBI from 2013 until Trump fired him in 2017, amid a probe into Russian interference in the 2016 presidential election.
Trump has long criticized Comey for his actions in starting that investigation into Russian interference. However, a 2019 inspector general report found that, although portions of the probe were mishandled, investigators were motivated by evidence rather than political bias against Trump.
Rep. Jamie Raskin of Maryland was among the Democrats who quickly criticized the indictment as politically motivated, pointing to Trump’s public pressure on the DOJ to charge Comey and other perceived enemies of the administration.
“I have no doubt that a jury of his peers will acquit and vindicate Mr. Comey after being afforded the opportunity to hear all the relevant evidence,” Raskin said. “But, until that happens, Mr. Comey will be forced to spend time, money, and energy defending himself against this blatantly fraudulent and vindictive indictment.”
“The rule of law was supposed to replace vendettas, blood feuds, and mad kings exacting vengeance on their perceived enemies,” Raskin said. “This sordid episode is one more savage assault on justice in America.”
Sen. Christopher S. Murphy, D-Conn., posted on social media that, “Rarely are the corruption documents made public by the perpetrators,” referencing Trump’s post on Truth Social over the weekend urging that charges be filed against Comey and others.
In recent days Trump has stepped up his rhetoric against perceived political enemies, including calling for the arrest of George Soros, a prominent donor to liberal causes, and officials at the United Nations who may have been involved with a malfunctioning escalator and teleprompter.
Some of the president’s allies jumped to his defense Thursday evening. Rep. Byron Donalds, R-Fla., a gubernatorial candidate in Trump’s home state, said Comey “wrongly wielded weaponized bureaucracy and lawfare” to derail Trump’s first administration on X, the site formerly known as Twitter.
“His tenure was a stain on the history of our nation,” Donalds posted. “Thank you @AGPamBondi for working to hold this bad actor accountable. The American people deserve justice.”
The court also unsealed a document noting that the grand jury failed to return an indictment for a third charge, for false statements to Congress, tied to his Sept. 30, 2020, testimony about “being taught” about a plan concerning Trump in the 2016 presidential election.
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