Will James Comey be indicted? Prosecutors weigh perjury charges against former FBI boss
Former FBI Director James Comey on May 30, 2023 in New York City. Dia Dipasupil/Getty Images
Federal prosecutors in Virginia are closing in on a decision that could bring perjury charges against former FBI Director James Comey, with a statute of limitations deadline expiring Tuesday, according to multiple sources familiar with the matter.
The investigation, led out of the Eastern District of Virginia, centers on whether Comey gave false testimony during a September 30, 2020 congressional hearing about his role in handling the Russia investigation and media leaks tied to Hillary Clinton’s email probe. Prosecutors face a five-year deadline to file charges — making this week critical.
Trump’s Pressure on DOJ
If charges are approved by a federal grand jury, the case would rank among the most high-profile indictments of the Trump era, targeting a man long cast by Trump and his allies as a symbol of the so-called “deep state.”
President Trump has made no secret of his anger at the pace of prosecutions against his political adversaries. Just days ago, he ousted U.S. Attorney Erik Siebert, who had overseen the Comey case, after Siebert resisted bringing unrelated charges against New York Attorney General Letitia James.
Trump quickly installed Lindsey Halligan, one of his former personal attorneys, as acting U.S. Attorney in the Alexandria-based office — an extraordinary move that underscores the political stakes surrounding the decision.
The Core of the Case
At the heart of the investigation is Comey’s sworn statement in 2020 that he never authorized leaks to the press and had no knowledge of others in the FBI doing so. That testimony has been challenged by former FBI Deputy Director Andrew McCabe, who claims Comey was aware of — and effectively approved — his decision to leak information to The Wall Street Journal during the 2016 election.
Sen. Ted Cruz has pushed DOJ to act, arguing that “one of them is lying under oath — a federal crime.”
The statute of limitations on this possible perjury charge expires Tuesday, meaning prosecutors must decide whether to indict or let the case lapse.
Comey’s Response and Past Scrutiny
Comey, who has not been charged, insists he has always told the truth under oath. He previously acknowledged keeping memos of his meetings with Trump, some of which he leaked through a friend to the press in 2017. A Justice Department inspector general later concluded that Comey violated FBI policy but stopped short of finding he disclosed classified information.
He has also faced criticism over social media posts, including one that showed seashells arranged to read “86 47” — interpreted by Trump allies as a veiled threat to kill the president. Comey denied any such intent and cooperated with the Secret Service.
Political Backdrop
The decision comes amid Trump’s broader campaign to punish perceived enemies within government and law enforcement. In recent days, the president has lashed out at Comey, Letitia James, and Rep. Adam Schiff, declaring them “guilty as hell” in a Truth Social post and demanding swifter prosecutions.
If charges are brought, Comey’s indictment would mark a stunning turn for a former FBI director who once led the bureau under both Democratic and Republican presidents — and whose firing by Trump in 2017 set off political shockwaves that still reverberate today.
FAQ Section
Q1: Why is James Comey under investigation for perjury?
A1: Federal prosecutors are examining whether Comey lied during his September 2020 testimony to Congress about authorizing FBI leaks to the media.
Q2: What is the deadline for prosecutors to charge James Comey?
A2: The five-year statute of limitations expires on Tuesday, giving prosecutors a narrow window to secure an indictment.
Q3: How is Donald Trump involved in the Comey case?
A3: Trump has long accused Comey of working against him as part of the “deep state” and has pressured the DOJ to act, calling Comey “guilty as hell.”
Q4: What did Andrew McCabe say that contradicts Comey?
A4: Former FBI Deputy Director Andrew McCabe claimed Comey was aware of his decision to authorize a media leak, while Comey testified he was not.
Q5: Could James Comey really face jail time?
A5: If indicted and convicted of perjury, Comey could face serious legal consequences, though the outcome would depend on trial proceedings and appeals.
