Former FBI Director James Comey was indicted Thursday by a federal grand jury, marking a stunning turn in a yearslong political and legal saga.
Comey was indicted on two of three counts sought by prosecutors, one count of making false statements and one count of obstruction of justice. The indictment stems from the former director’s 2020 testimony before the Senate Judiciary Committee about his role in the bureau’s handling of the Trump-Russia investigation.
Attorney General Pam Bondi released a statement Thursday evening without directly stating Comey’s name.
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.
— Attorney General Pamela Bondi (@AGPamBondi) September 25, 2025
“No one is above the law,” she said. “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.”
The indictment alleges that Comey obstructed a congressional investigation into the disclosure of sensitive information in violation of 18 USC 1505. It also alleges that Comey made a false statement in violation of 18 USC 1001. If convicted on both counts, Comey could face up to 10 years in federal prison.
“Comey stated that he did not authorize someone at the FBI to be an anonymous source. According to the indictment that statement was false,” the DOJ wrote in a press readout.
The subject of the DOJ’s investigation surrounded Comey’s Sept. 30, 2020 testimony before the Senate Judiciary Committee, in which he stated under oath that he had not authorized leaks of information about the Clinton or Russia investigations. Former FBI Deputy Director Andrew McCabe has reportedly contradicted that account, and congressional investigators have long viewed Comey’s statement as perjurious.
During that hearing, Sen. Ted Cruz (R-TX) pressed Comey on whether he had ever authorized leaks to the media about the FBI’s investigations into Trump or Hillary Clinton.
“I stand by the testimony you summarized that I gave in May of 2017,” Comey told Cruz. Asked whether former Deputy Director Andrew McCabe was “not telling the truth” when he claimed otherwise, Comey replied, “I’m not going to characterize Andy’s testimony, but mine is the same today.”
The 5-year anniversary of that testimony is set to pass on Tuesday, a date that prosecutors were carefully eyeing due to the statute of limitations. Prior to the indictment, reports emerged that career prosecutors in the Eastern District warned Halligan that the evidence in the case may have fallen short of establishing probable cause.
Trump’s FBI Director Kash Patel, who entered his position on a vow to weed out corruption from previous administration, also released a statement without naming the Obama-era bureau director but referenced his handling of the “Russiagate hoax” in a statement to X.
Today, your FBI took another step in its promise of full accountability. For far too long, previous corrupt leadership and their enablers weaponized federal law enforcement, damaging once proud institutions and severely eroding public trust. Every day, we continue the fight to…
— FBI Director Kash Patel (@FBIDirectorKash) September 25, 2025
“Today, your FBI took another step in its promise of full accountability,” Patel wrote. “For far too long, previous corrupt leadership and their enablers weaponized federal law enforcement, damaging once proud institutions and severely eroding public trust. Every day, we continue the fight to earn that trust back, and under my leadership, this FBI will confront the problem head-on.”
“Nowhere was this politicization of law enforcement more blatant than during the Russiagate hoax, a disgraceful chapter in history we continue to investigate and expose,” Patel continued. “Everyone, especially those in positions of power, will be held to account – no matter their perch. No one is above the law.”
The case is being overseen by the U.S. Attorney’s Office for the Eastern District of Virginia, which recently underwent a leadership shake-up following the Trump administration’s removal of acting U.S. Attorney Erik Siebert. His replacement, Lindsey Halligan, a former Trump personal attorney, was sworn in earlier this week and is expected to lead several sensitive prosecutions.
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Trump allies have long accused Comey of misleading Congress and authorizing politically motivated leaks about the FBI’s probe into Trump campaign associates in 2016. In a post earlier this month, Trump urged Bondi to move “without delay” in pursuing charges against several former Obama-era officials, including Comey.
A spokesperson for the Justice Department did not immediately respond to a request for comment.