In a significant development, Donald Trump’s selected U.S. Attorney in Virginia is preparing to request a grand jury indictment against former FBI Director James Comey. This action is based on allegations that Comey lied to Congress. However, sources familiar with the investigation have revealed to ABC News that both prosecutors and investigators have found insufficient evidence to support such charges.
Recently, prosecutors presented a comprehensive memo to Lindsey Halligan, Trump’s former personal attorney whom he appointed to head the United States Attorney’s Office for the Eastern District of Virginia. This memo recommended that Halligan refrain from pursuing perjury and obstruction charges against Comey. According to insiders, a months-long inquiry by the Department of Justice (DOJ) failed to demonstrate probable cause of wrongdoing on Comey’s part. This indicates that not only would securing a conviction be challenging, but the evidence was insufficient even to meet the lower threshold required for an indictment.
Under Justice Department guidelines, prosecutors are typically prohibited from filing charges unless they can convincingly establish that a defendant is likely to be found guilty beyond a reasonable doubt. Despite the recommendations from her colleagues, Halligan—who has no prior experience in prosecuting criminal cases—intends to present evidence to a grand jury before the statute of limitations for the alleged offenses expires next week.
Comey’s attorney has not yet provided a comment regarding these developments. Halligan’s potential move to seek charges against Comey appears to align with Trump’s clear directive, as he publicly called for the prosecution of Comey, along with Senator Adam Schiff and New York Attorney General Letitia James, in a recent social media post.
In his statement, Trump expressed frustration over the lack of action, stating, “Nothing is being done. What about Comey, Adam ‘Shifty’ Schiff, and Letitia???” He urged Attorney General Pam Bondi to act swiftly, asserting that delays are harming the reputation and credibility of the justice system. Trump emphasized the need for immediate action, saying, “JUSTICE MUST BE SERVED, NOW!!!”
Reports indicate that Halligan’s deputy—a prosecutor who recently took over the leadership of the office—has also shown hesitancy about pursuing this politically charged case. Halligan has reportedly visited the DOJ headquarters in Washington, D.C., multiple times this week for meetings that included discussions about the Comey case.
The Eastern District of Virginia’s U.S. Attorney’s office, which typically handles a majority of the nation’s national security cases, has been unsettled by Trump’s insistence on prosecuting his political adversaries. Erik Siebert, a previous nominee to this position, resigned after he allegedly declined to pursue charges against Letitia James concerning unproven mortgage fraud claims.
Trump’s criticism of Comey dates back to his tenure as FBI Director during Trump’s first term. Comey was dismissed due to his management of the investigation into alleged Russian interference in the 2016 U.S. elections. Earlier this year, the DOJ initiated an investigation into Comey following claims from FBI Director Kash Patel about the discovery of sensitive documents at FBI headquarters related to the Russia probe.
In July, CIA Director John Ratcliffe released findings that suggested the intelligence assessment regarding alleged collusion was conducted under a “politically charged” environment influenced by Comey and former CIA Director John Brennan. When questioned about the investigation, Trump characterized both Comey and Brennan as “dishonest” and “crooked,” expressing his belief that they should face consequences for their actions.
The unfolding situation surrounding James Comey and the potential indictment spearheaded by Lindsey Halligan reflects the ongoing tension in the political landscape. As Trump continues to push for accountability against his perceived adversaries, the implications of this case could resonate throughout the judicial and political arenas.
