The Federal Bureau of Investigation is facing internal conflict and public scrutiny following the indictment of its former director, James Comey, on federal charges in Virginia. The controversy centers on the FBI’s consideration of a highly visible “perp walk” during Comey’s surrender, a plan that has already led to the suspension of at least one agent who refused to participate, according to multiple reports from BBC, CBS News, and CNN.
Comey, who once led the FBI through some of its most turbulent years—including the agency’s probe into Russian interference in the 2016 election and the investigation into Hillary Clinton’s private email server—now finds himself on the other side of the law. He is scheduled to appear in federal court in Alexandria, Virginia, on October 9, 2025, to be arraigned on charges of lying to Congress and obstructing a congressional proceeding, as reported by BBC and CBS News. If convicted, Comey could face up to five years in prison.
The charges against Comey stem from his September 30, 2020, testimony before the Senate Judiciary Committee. Prosecutors allege that Comey lied about whether he authorized a leak of classified information to the media—a leak that reportedly resulted in classified details appearing in four separate newspaper articles, according to CNN. The indictment is also linked to the FBI’s so-called “Arctic haze” leak investigation, which has drawn attention for its complexity and the high-profile figures involved.
The timing of the indictment has raised eyebrows across the political spectrum. It was filed just days before the five-year statute of limitations would have expired, and notably, only days after Lindsey Halligan—a former personal attorney to President Donald Trump and a staunch White House ally—was appointed as the top federal prosecutor in Virginia’s Eastern District. As detailed by CBS News and CNN, Halligan’s rapid appointment followed the resignation of lead prosecutor Erik Siebert and the firing of two high-level prosecutors in the same office. Some staff within the Justice Department had even circulated memos arguing that charges should not be brought against Comey, further fueling speculation about political motivations.
President Trump, who fired Comey in 2017 while the FBI was investigating Russian interference in the election, has been vocal in his demands for action against his political adversaries. In a public social media post, Trump called on Attorney General Pam Bondi to investigate Comey, as well as New York Attorney General Letitia James and Democratic Senator Adam Schiff. “We can’t delay any longer, it’s killing our reputation and credibility,” Trump wrote, as reported by BBC. Trump’s frustration with what he perceived as a lack of action against his opponents was reportedly a driving factor in Halligan’s appointment and the subsequent indictment.
Behind the scenes, the FBI’s leadership discussed orchestrating a dramatic arrest of Comey, complete with “large, beefy” agents clad in Kevlar vests and full tactical gear, according to sources cited by CBS News and BBC. The plan was to bring Comey into court in a highly visible “perp walk”—a practice where law enforcement publicly escorts an accused individual, often in front of waiting cameras. While such displays are not uncommon in high-profile cases in the United States, critics argue they can undermine the presumption of innocence and serve more to humiliate than to ensure justice. The New York Civil Liberties Union previously criticized the practice, noting that it “seems calculated simply to cause public humiliation and embarrassment of the accused.”
Not everyone within the FBI was on board with the plan. At least one agent refused to participate, calling the idea inappropriate and highly unusual for a white-collar defendant like Comey. This agent was subsequently suspended for insubordination, as reported by all three outlets. Other supervisors also expressed reluctance, but according to sources familiar with the situation, the FBI is determined to find personnel willing to carry out the plan—though it remains unclear whether the “showy” arrest will actually take place.
The internal dispute went public when FBI Director Kash Patel posted on social media, “In this @fbi, follow the chain of command or get relieved,” in response to reports about the agent’s suspension and the ongoing disagreement, as detailed by CNN. The episode has intensified debate within law enforcement circles about the ethics and optics of such high-profile arrests, especially when the accused is a former agency head.
Despite the dramatic discussions, the federal court in Northern Virginia ultimately issued a summons for Comey, meaning he would not be arrested before his arraignment. His attorneys, who have declined to comment publicly, reportedly planned to travel with him to the hearing—a standard arrangement for non-violent, white-collar cases. This approach stands in contrast to the more theatrical options considered by some in the FBI’s leadership, and it has drawn comparisons to how some of Trump’s own indictments have been handled. Some Trump allies have complained that Comey is receiving preferential treatment, though others point out that the Justice Department, under Halligan’s direction, opted not to create a spectacle with the indictment—eschewing perp walks, raids, and TV appearances, according to CNN.
Comey himself has maintained his innocence and signaled his intention to fight the charges. “I am innocent and would like a trial,” he has publicly stated, according to CNN. He has also expressed “great confidence in the federal judicial system,” as reported by BBC. Both charges—lying to Congress and obstruction—are serious, but the indictment does not specify who Comey allegedly authorized as an anonymous source or the exact nature of the leaked information. The ambiguity surrounding the details has only added to the controversy and speculation about the motivations behind the prosecution.
The case is now in the hands of federal Judge Michael Nachmanoff, who has significant control over how the Justice Department interacts with Comey and his legal team as the proceedings move forward. Legal experts and political observers are watching closely, noting that the public discourse around the Justice Department’s handling of the case is likely to become a central issue in court.
As the October 9 arraignment approaches, the FBI’s internal divisions and the broader political context continue to fuel debate about the intersection of justice, politics, and public perception in America’s most high-profile legal battles. With so much at stake—not only for Comey but for the institutions involved—the eyes of the nation will be fixed on Alexandria next week.
