
A federal grand jury in Virginia has indicted former FBI Director James Comey on two counts of perjury and obstruction of justice tied to testimony he delivered before Congress in 2020.
The move comes just days after President Donald Trump publicly urged his top law enforcement officials to step up prosecutions of his political adversaries.
Comey, who has long been a lightning rod for Trump’s ire, is accused of lying to the Senate Judiciary Committee about whether he authorised leaks of classified information to the press. Prosecutors allege his testimony also obstructed the committee’s inquiry into the FBI’s handling of high-stakes investigations involving Russian election interference and Hillary Clinton’s private email server.
The indictment, issued Thursday, charges Comey with one count of making false statements and one count of obstruction. A third count of perjury was rejected by the jury. If convicted, he faces up to five years in prison.
Responding in a video statement, the former FBI chief defiantly proclaimed his innocence. “My family and I have known for years that there are costs to standing up to Donald Trump. We will not live on our knees, and you shouldn’t either. And, I am innocent. So, let’s have a trial,” he said.
Comey is expected to make his first court appearance Friday, with a formal arraignment scheduled for 9 October in Alexandria, Virginia. The case is being prosecuted by Lindsey Halligan, the US Attorney for the Eastern District of Virginia and a former Trump lawyer, who took office on Monday.
Attorney General Pam Bondi said the charges reflect the Justice Department’s “commitment to holding those who abuse positions of power accountable for misleading the American people.”
The timing is notable, the statute of limitations for potential charges stemming from Comey’s 2020 testimony was due to expire next week. The indictment alleges he falsely denied authorising an FBI official to serve as an anonymous source in stories about “PERSON 1,” believed to be Clinton, and that his misleading answers deliberately impeded the Senate inquiry.
Trump, speaking hours before the indictment was unsealed, labelled Comey a “bad person” but insisted he had no advance knowledge of the case. On his social media platform Truth Social last week, Trump railed against delays in prosecutions of critics, writing: “We can’t delay any longer, it’s killing our reputation and credibility… JUSTICE MUST BE SERVED, NOW!!!”
Legal experts warn the case may prove difficult to prosecute. Loyola law professor and former federal prosecutor Laurie Levenson said that proving intent will be critical. “Even if James Comey got things wrong, that doesn’t mean that he knowingly or intentionally lied to Congress. So proving that is going to be the heart of the case,” she said.
Democrats swiftly denounced the indictment as politically motivated. House Minority Leader Hakeem Jeffries called it “a disgraceful attack on the rule of law” and pledged accountability for “anyone complicit in this malignant corruption.”
Comey, who led the FBI from 2013 to 2017, was fired by Trump during the Russia probe. His tenure was marked by controversial decisions, including reopening the Clinton email inquiry weeks before the 2016 election. In recent months, he has faced a series of personal and professional setbacks, including scrutiny over social media posts and the dismissal of his daughter, Maurene, from her federal prosecutor role in New York a move she has since challenged in court.
The case marks the highest-profile indictment of a former senior US security official during Trump’s second term and underscores how deeply politicised the justice system has become under his administration.
Erizia Rubyjeana