On September 25, 2025, James Comey, the former director of the Federal Bureau of Investigation, was indicted by a federal grand jury in Virginia on two criminal charges: making false statements to Congress and obstruction of justice. The charges stem from Comey’s 2020 testimony before the US Senate Judiciary Committee, where he denied authorizing anyone at the FBI to leak information about high-profile investigations into both the Trump campaign and Hillary Clinton during the 2016 presidential election.
The indictment, announced by Lindsey Halligan, the US Attorney for the Eastern District of Virginia, quickly ignited a firestorm of political controversy. Halligan, who took over the office after the abrupt resignation of lead prosecutor Erik Siebert just a week earlier, described the charges as “a breach of the public trust at an extraordinary level.” She added, “The balance of power is a bedrock principle of our democracy, and it relies upon accountability and a forthright presentation of facts from executive leadership to congressional oversight. Any intent to avoid, evade, prevent, or obstruct compliance is a violation of professional responsibility and, most importantly, the law,” according to NewsNation.
Comey, who led the FBI from 2013 until his firing by President Donald Trump in 2017, responded to the indictment with a video statement posted on Instagram. “My heart is broken for the Department of Justice, but I have great confidence in the federal judicial system, and I am innocent, so let’s have a trial and keep the faith,” Comey said. He further declared, “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.”
The legal battle ahead is set to play out in Alexandria, Virginia, where Comey’s arraignment is scheduled for October 9. If convicted, he could face up to five years in prison. The indictment includes one count of making false statements—specifically, his denial of authorizing leaks to the media about the Clinton probe—and one count of obstruction of justice for allegedly attempting to mislead the Senate committee. A third count of making false statements was considered by the grand jury but ultimately rejected.
The timing and context of the indictment have drawn intense scrutiny. Just days before the charges were filed, President Trump publicly called for more aggressive prosecutions of his political adversaries, including Comey. On Truth Social, Trump celebrated the indictment, writing, “JUSTICE FOR AMERICA! One of the worst human beings this Country has ever been exposed to is James Comey, the former Corrupt Head of the FBI.” Trump continued to press the Justice Department, urging Attorney General Pamela Bondi in a September 27 post to pursue charges not only against Comey but also against California Senator Adam Schiff and New York Attorney General Letitia James. “We can’t delay any longer, it’s killing our reputation and credibility. They impeached me twice, and indicted me (5 times!), OVER NOTHING. JUSTICE MUST BE SERVED, NOW!!!” he wrote.
Attorney General Pam Bondi responded to the indictment by affirming the Justice Department’s commitment to holding those in power accountable. “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. We will follow the facts in this case,” Bondi stated on X (formerly Twitter) on September 25.
The reaction from Democrats was swift and fierce. Senator Mark Warner of Virginia called it “a sad, sad day for our justice system,” adding, “When a staunchly Republican U.S. Attorney couldn’t even find a credible case against James Comey, Trump pushed him out and found someone who would. Trump will stop at nothing to punish political enemies.” Massachusetts Senator Elizabeth Warren echoed these concerns, warning, “It’s Comey today, but it could be anyone tomorrow. Trump demanded Comey be charged. A veteran prosecutor resigned rather than bend the knee. And then Trump hand-picked an aide who’d do it anyway. Using the justice system to go after a political opponent is what dictators do.” House Democratic leader Hakeem Jeffries denounced the charges as “a disgraceful attack on the rule of law,” vowing “accountability” for “anyone complicit in this malignant corruption,” according to BBC News.
Comey’s legal defense is being led by Patrick J. Fitzgerald, a former US Attorney in Chicago renowned for prosecuting political corruption cases. Fitzgerald issued a statement declaring, “Jim Comey denies the charges filed today in their entirety. We look forward to vindicating him in the courtroom.”
The fallout from the indictment has rippled through Comey’s family and professional circles. His son-in-law, Troy Edwards Jr., resigned as a federal prosecutor in the Eastern District of Virginia within minutes of the indictment, writing in a brief letter to Halligan that he was leaving “to uphold my oath to the Constitution and the country.” Earlier this year, Comey’s daughter, Maurene Comey, was fired from her role as a federal prosecutor in New York and has since sued the Trump administration over her dismissal, as reported by BBC News.
The case against Comey is rooted in the long and contentious history between him and Trump. As FBI director, Comey oversaw investigations into both the Trump campaign’s ties to Russia and Hillary Clinton’s use of a private email server as Secretary of State. The Russia probe, later taken over by Special Counsel Robert Mueller, concluded in 2019 that while the Trump campaign expected to benefit from leaked Clinton emails, the investigation could not “establish that members of the Trump Campaign conspired or coordinated with the Russian government in its election interference activities.” Trump has repeatedly called the investigation a “witch-hunt” and has made no secret of his desire to see his critics prosecuted.
Legal experts suggest the prosecution will face significant hurdles. Laurie Levenson, a former federal prosecutor and law professor at Loyola Marymount University, told BBC News, “It’s often the defendant’s word against someone else’s and you’re gonna have to look at the credibility of both. And 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 also noted that the traditional firewall between the White House and the Justice Department appears to have “collapsed with this case.”
For Trump and his supporters, the indictment is seen as long-overdue accountability for a figure they view as emblematic of a politicized justice system. For Democrats and many legal observers, it’s a troubling sign of the Department of Justice being used as an instrument of political retribution. As the legal proceedings move forward, the case is sure to remain a lightning rod in the nation’s ongoing debate over the rule of law, the independence of the justice system, and the boundaries of presidential power.
With the trial date set and both sides digging in, the eyes of the country—and indeed, the world—are now fixed on Alexandria, Virginia, where James Comey’s fate, and perhaps the future of American political norms, will be decided in the months ahead.
