Comey Indictment Looms as Statute of Limitations Nears Expiration
The probe centers on Comey's September 30, 2020, Senate Judiciary Committee testimony, where he denied authorizing leaks of classified memos to the media.
Federal prosecutors in the Eastern District of Virginia are preparing to seek a grand jury indictment against former FBI Director James Comey for allegedly lying to Congress, with sources indicating action in the coming days before the five-year Statute of Limitations expires on September 30.
The probe centers on Comey's September 30, 2020, Senate Judiciary Committee testimony, where he denied authorizing leaks of classified memos to the media. Prosecutors allege he directed his adviser, Columbia Law professor Daniel Richman, to share details with The Wall Street Journal in 2017, contradicting his sworn statements. If charged under 18 U.S.C. § 1001 for false statements, Comey faces up to five years in prison.
The case originated in 2017 when Comey, fired by President Trump, admitted leaking memos documenting Trump conversations to prompt a special counsel investigation. One memo contained classified information on the Flynn-Russia probe. Richman confirmed sharing with The Wall Street Journal at Comey's direction.
The Justice Department opened a criminal probe in 2019 under Attorney General William Barr, focusing on leaks and false statements. It stalled under the Biden administration and closed in 2021 without charges.
President Trump's January 2025 inauguration prompted reopening. The DOJ acknowledged the probe in July 2025. On September 10, Richman received a subpoena. U.S. Attorney Erik S. Siebert resigned September 17 under administration pressure; White House counsel Lindsey Halligan was appointed interim U.S. Attorney.
Prosecutors, under Halligan, aim to secure indictment before the Statute of Limitations deadline. No charges have been filed; the grand jury process remains ongoing.
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