3:17In this archived photo from June 8, 2017, ex-FBI head James Comey gives testimony before the Senate Intelligence Committee in Washington, D.C.Mark Reinstein/Corbis via Getty Images, FILE
The U.S. attorney in Virginia, a person selected by Donald Trump, is reportedly intending to request a grand jury in the upcoming days to indict former FBI Director James Comey for purportedly making false statements to Congress. This action is being considered despite the fact that prosecutors and investigators concluded there was inadequate proof to bring charges against him, according to sources with firsthand awareness of the investigation who spoke to ABC News.
Earlier in the week, prosecutors showed Lindsey Halligan — Trump’s former personal counsel who he chose to take the helm at the United States Attorney’s Office for the Eastern District of Virginia — a thorough document suggesting she decline to pursue charges of perjury and obstruction against Comey, the sources who are informed on the document noted.
A months-long inquiry into Comey by DOJ legal representatives failed to determine probable cause of a criminal offense — indicating they would not be able to successfully convict Comey by confirming the allegations without any reasonable doubt, and that they also couldn’t meet a considerably lenient criterion to get an indictment, the sources stated.
In this June 8, 2017 file photo, former FBI Director James Comey testifies before the Senate Intelligence Committee, Washington D.C.Mark Reinstein/Corbis via Getty Images, FILE
According to Department of Justice guidelines, prosecutors are generally restricted from initiating charges unless they can demonstrate a defendant will "more than likely be deemed guilty beyond any doubt by an impartial fact-finder and that such conviction shall be sustained upon appeal."
In spite of these recommendations, Halligan — who lacks experience in litigating criminal matters during her time as an insurance lawyer — intends to present evidence to a grand jury prior to the expiration of the statute of limitations for the alleged violation sometime next week, the sources revealed.
Comey's legal representative did not promptly provide a statement when asked for comments.
Halligan’s evident plan to bring charges against Comey comes on the heels of an explicit order from Trump, who over the weekend openly called for prosecutions against Comey, Sen. Adam Schiff and New York Attorney General Letitia James.
"Nothing happens. What about Comey, Adam ‘Shifty’ Schiff, and Leticia???" Trump posted on social media on Saturday evening, directing his message to Attorney General Pam Bondi. "We can’t put this off any longer, it’s hurting our standing and trustworthiness. They impeached me two times, and indicted me (5 times!), OVER NOTHING. JUSTICE MUST BE DELIVERED, NOW!!!"
Lindsey Halligan, special assistant to the president, speaks with a reporter outside of the White House, Aug. 20, 2025.Jacquelyn Martin/AP, FILE
According to sources, Halligan’s second-in-command — a prosecutor who was briefly tasked with directing the office only a day before Trump assigned Halligan to the important post — has also voiced misgivings concerning bringing the politically sensitive matter.
Halligan was seen at DOJ headquarters in Washington, D.C., at least a couple of times this week for gatherings which, in part, dwelled upon the Comey issue, sources verified.
The United States Attorney’s office in the Eastern District of Virginia — which prosecutes most of the nation’s national security cases — has been thrust into turmoil amid Trump’s endeavor to campaign for prosecutions against his political rivals.
Erik Siebert, Trump’s prior choice for the position, left from the office after sources indicated he refused to file charges against New York Attorney General Letitia James concerning baseless claims of mortgage-related deception.
Trump later insisted he "fired" Siebert and quickly appointed Halligan to the position, as he pressed on with his unparalleled calls for the immediate prosecution of his political adversaries.
"I only want people to take action, they should take action, and we want to proceed quickly," Trump stated on Saturday. "They acted callously and cruelly. I was impeached twice. I was indicted five times. It turned out to be a false narrative. And we are forced to act quickly, by any means necessary, in any way, in any form: they're culpable, they aren’t culpable. We have to proceed swiftly. If they're not culpable, then fine. If they are culpable, or if charges should be brought against them, their judgment must be delivered. And this must occur right now."
Trump has long taken aim at Comey, who served briefly as the head of the FBI in the course of Trump’s initial term but was dismissed as a result of his oversight of a probe into purported Russian meddling in the 2016 U.S. election.
The Justice Department initiated an inquiry into Comey earlier in the year after FBI Director Kash Patel asserted he had discovered "burn bags" holding sensitive documents at the FBI headquarters pertaining to the Russia investigation.
In July, CIA Director John Ratcliffe issued a review that determined that the 2016 intelligence report on alleged collusion was “executed using an unconventional & tainted method under the politicized setting” involving Comey and former CIA Director John Brennan.
When questioned on the inquiry in July, Trump conveyed to reporters his belief that Brennan and Comey are "truly deplorable individuals and devious persons."
"Allow me to say, I believe these are markedly unethical individuals. In my opinion, they are immensely corrupt. And, perhaps a price has to be paid for that," Trump expressed.
Comey and Brennan have each defended the trustworthiness of the 2016 intelligence assessment, stating its conclusions pertaining to Russia's meddling in the election were reinforced by bipartisan congressional probes in addition to former special counsel Robert Mueller's investigation on associations connecting Russia and Trump's 2016 campaign.
Sourse: abcnews.go.com
