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Comey Indicted on False Statements and Obstruction Charges in Probe Tied to Trump-Era Leaks

The indictment marks the first high-profile accountability measure under President Trump's renewed Justice Department, targeting actions from the Russia investigation era aimed at undermining his administration.

Tommy Flynn
Caricature  of James Comey
Image credit: DonkeyHotey

A federal grand jury in the Eastern District of Virginia indicted former FBI Director James Comey on September 25 on one count of making false statements and one count of obstruction of justice, stemming from his alleged denial of authorizing leaks of classified memos during testimony in 2020. The charges, pursued under 18 U.S.C. § 1001 and § 1512, each carry penalties of up to five years in prison.

The indictment marks the first high-profile accountability measure under President Trump's renewed Justice Department, targeting actions from the Russia investigation era aimed at undermining his administration.

Comey served as FBI Director from 2013 to 2017, appointed by President Obama. In May 2017, President Trump fired him amid the FBI's probe into Russian election interference. Comey later testified he leaked memos documenting private conversations with Trump to prompt a special counsel investigation, including details on Michael Flynn's Russia contacts—one memo contained classified information.

Comey directed Columbia Law professor Daniel Richman, a personal friend, to share memo contents with The Wall Street Journal in 2017. A 2019 Justice Department Inspector General report found Comey violated FBI policy by retaining and leaking the memos without authorization.

In August 2019, Attorney General William Barr opened a criminal investigation into the leaks and related false statements. On September 30, 2020, Comey testified before the Senate Judiciary Committee, denying he authorized any leaks, including to The Wall Street Journal—contradicting Richman's account and his own prior admissions. The probe closed in 2021 under the Biden administration without charges.

Following President Trump's January 2025 inauguration, the investigation reopened. On September 10, Richman was subpoenaed. U.S. Attorney Erik S. Siebert resigned September 17; White House counsel Lindsey Halligan was appointed interim U.S. Attorney. Prosecutors secured the indictment before the five-year statute of limitations expired on September 30.

Comey will be arraigned in federal court in Alexandria, Virginia. A third sought charge was not included.

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