James Comey, the former FBI director fired by Donald Trump in 2017, is facing a potential federal indictment as Justice Department officials weigh whether to bring charges alleging he lied to Congress during 2020 testimony about the origins of the FBI’s Trump-Russia inquiry, according to multiple news reports. Prosecutors in the Eastern District of Virginia are reportedly preparing to ask a grand jury to consider the case in the coming days, with a five-year statute of limitations set to expire next Tuesday.
The Justice Department would only need probable cause to secure an indictment from a grand jury, though securing a conviction would require proving the allegations beyond a reasonable doubt.
Comey led the bureau from 2013 to 2017 and became a central figure in partisan battles over the 2016 election and its aftermath. He would be the first FBI Director in modern times to charged with a crime.
Comey has not publicly commented on the reports, and the Justice Department has declined to comment.
Former Trump officials, Steve Bannon and Peter Navarro, were both charged with contempt of Congress under the Biden Administration for failing to comply with a subpoena to testify, and both served federal prison time. Those charges were unprecedented at the time, as Attorney General Eric Holder had previously failed to provide documents to Congress, and charges were not brought.
