James Comey, the former FBI director and one of Donald Trump’s most frequent targets, was indicted on Thursday on one count of making a false statement to Congress and one count of obstruction of a congressional proceeding, the latest move in the president’s retribution campaign against his political adversaries.
The indictment, filed in federal district court in Alexandria, Virginia, shows Comey’s charges centred on whether he lied and misled lawmakers during testimony in September 2020 about the Russia investigation.
While the precise details were not clear in the sparse, two-page indictment, it appeared to reference Comey’s testimony that he had never authorized someone at the FBI to leak to the news media about the Trump or Hillary Clinton investigations – a claim prosecutors alleged was false.
“No one is above the law. Today’s indictment reflects this Department of Justice’s commitment to holding those who abuse positions of power accountable for misleading the American people,” Pam Bondi, the US attorney general, said in a statement on Thursday.
The indictment followed Trump’s instruction to Bondi to “move now” to prosecute Comey and other officials he considers political foes, in an impatient and extraordinarily direct social media post trampling on the justice department’s tradition of independence.
It also came less than a week after Lindsey Halligan was installed as the top federal prosecutor in the eastern district of Virginia, after Trump fired her predecessor, Erik Siebert, after he declined to bring charges against Comey over concerns there was insufficient evidence.
Halligan, most recently a White House aide and former Trump lawyer who has no prosecutorial experience, was also presented with a memo earlier this week laying out why charges should not be brought. But the justice department still pushed it through, people familiar with the matter said.
Responding to the indictment, hours after it was filed, Comey said in a video statement posted on Instagram that he was innocent and welcomed a trial.
“My family and I have known for years that there are costs to standing up to Donald Trump, but we couldn’t imagine ourselves living any other way. We will not live on our knees, and you shouldn’t either,” Comey said.
Referencing the farewell email his daughter, Maureen, sent after she was fired from her job as a federal prosecutor in New York, Comey said: “Somebody that I love dearly recently said that fear is the tool of a tyrant. And she’s right. But I’m not afraid. And I hope you’re not either.
“I hope instead you are engaged. You are paying attention, and you will vote like your beloved country depends upon it. My heart is broken for the Department of Justice, but I have great confidence in the federal judicial system and I’m innocent. So let’s have a trial. And keep the faith.”
Prosecutors had also sought a third charge against Comey, but grand jurors rejected the request, court documents show.
Ensconced at the White House, Trump celebrated the charges in a post on Truth Social, writing: “JUSTICE IN AMERICA! One of the worst human beings this Country has ever been exposed to is James Comey, the former Corrupt Head of the FBI.
“Today he was indicted by a Grand Jury on two felony counts for various illegal and unlawful acts. 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. MAKE AMERICA GREAT AGAIN!”
Comey was expected to surrender and have his initial appearance in federal district court on Friday morning, according to a person familiar with the matter. Comey is expected to be represented by Patrick Fitzgerald, a former US attorney for the northern district of Illinois.
He faces up to five years in prison if convicted, but legal experts suggested the case may be difficult to prove.
Many current and former justice department officials condemned the filing of charges on Thursday night, criticizing what they viewed as weak evidence for the case.
“This is a sad day for the rule of law. Trump’s comments, along with the musical chairs at the US attorney’s office, makes a mockery of prosecutorial discretion. The president has teed this case up for a dismissal on the grounds of selective prosecution,” said Barbara McQuade, a former US attorney for the eastern district of Michigan.
Comey’s son-in-law, Troy Edwards, resigned from his job as a federal prosecutor in the US attorney’s office in Virginia minutes after the former FBI director was indicted. Edwards wrote in his resignation letter that he was quitting “to uphold my oath to the Constitution and the country”.
Mark Warner, a Democratic senator from Virginia, condemned the charges.
“Donald Trump has made clear that he intends to turn our justice system into a weapon for punishing and silencing his critics,” he said in a statement. “This kind of interference is a dangerous abuse of power. Our system depends on prosecutors making decisions based on evidence and the law, not on the personal grudges of a politician determined to settle scores.”
In social media posts on Saturday, Trump claimed that Comey, Letitia James and a third political opponent, Democratic senator Adam Schiff, were “guilty as hell” and that his supporters were upset that “nothing has been done”.
“We can’t delay any longer, it’s killing our reputation and credibility,” Trump posted. They impeached me twice, and indicted me (5 times!), OVER NOTHING. JUSTICE MUST BE SERVED, NOW!!!”
Trump’s contempt for Comey stretches back to the early days of his first term, when according to Comey, Trump sought to secure a pledge of loyalty from the then FBI director, who refused. At the time, Comey was leading the criminal investigation into Russian meddling in the US election. Trump dismissed Comey in May 2017.
