Ali Abbas Ahmadi and
Max Matza
In the US state of Virginia, a federal grand jury has officially indicted former FBI Director James Comey on two charges in connection with his testimony to Congress.
Mr Comey, who has frequently been criticized by US President Donald Trump, is said to have misled a Senate committee in 2020 regarding his authorization of a leak of classified data to the press.
This indictment arrives shortly after Trump urged the nation’s top legal authority to intensify investigations into his political opponents, including Comey.
In reaction to the indictment, Mr Comey asserted his innocence and expressed “great confidence in the federal judiciary”.
In the American judicial system, an indictment is a formal claim made by a grand jury after evaluating evidence to decide whether a case should advance.
Mr Comey might make his initial court appearance on Friday, but his formal arraignment, during which the charges will be articulated in court, is scheduled for October 9 in Alexandria, Virginia, as reported by CBS, a partner of the BBC in the US.
The investigation is under the leadership of Lindsey Halligan, the US Attorney for Virginia’s Eastern District, who previously served as Trump’s personal attorney and assumed her new responsibilities on Monday.
Attorney General Pam Bondi, who was encouraged by Trump over the weekend to pursue Comey, stated that the indictment “reflects this Justice Department’s dedication to holding accountable those who misuse their power to mislead the American populace”.
The two-page indictment lacks detailed information but indicates that Mr Comey faces one count of making false statements and another for obstructing justice.
These charges are linked to Mr Comey’s September 2020 appearance before a Senate Judiciary Committee, during which he answered questions about the FBI’s management of two major inquiries: one regarding pro-Trump election interference by Russia and another concerning Hillary Clinton’s use of a private email system.
The five-year statute of limitations on charges resulting from that hearing is set to expire next week.
The first charge pertains to Mr Comey asserting to the committee that he did not authorize another person at the FBI to act as an anonymous source in news articles regarding an FBI investigation into what the indictment refers to as “PERSON 1”, who is presumed to be Hillary Clinton.
The second charge claims that Mr Comey “did corruptly endeavor to influence, obstruct and impede” the committee by providing false statements.
The jury dismissed a third charge of making false statements.
If convicted, Mr Comey could face up to five years in prison.
He stated in a video message: “My family and I have been aware for years that standing against Donald Trump comes at a cost.”
“We will not submit, and neither should you,” he added, concluding: “And, I am innocent. So, let’s proceed with a trial.”
Recently, a new prosecutor took over the case after Erik Siebert, the original US attorney supervising it, left amid concerns he would be dismissed. Trump later indicated that he had fired Mr. Siebert, who has been succeeded by Ms. Halligan.
This case is viewed as the most prominent indictment of a public figure during Trump’s second term.
Trump has expressed frustration over the slow pace of prosecutions against his public critics, including Mr. Comey, Senator Adam Schiff, and New York Attorney General Letitia James.
“We can’t wait any longer; it’s damaging our reputation and credibility,” Trump said on Truth Social last week.
“They impeached me twice and indicted me (5 times!), OVER NOTHING. JUSTICE MUST BE SERVED, NOW!!!”
When asked about Mr Comey just hours before the indictment was made public, Trump labeled him a “bad person” but claimed he had no prior knowledge of the indictment.
Laurie Levenson, a former federal prosecutor and law professor at Loyola Marymount University, commented that prosecuting this case will be quite challenging.
“It often comes down to the defendant’s word against another’s, and you must assess the credibility of both parties,” she told BBC News.
“Even if James Comey made mistakes, it doesn’t imply he knowingly or intentionally lied to Congress. Proving that will be the crux of this case.”
Ms. Levenson also noted that this prosecution, alongside Trump’s public pressure, suggests that the traditional separation between the White House and the Department of Justice has “broken down in this instance.”
Numerous Democrats have criticized the charges, with House Democratic leader Hakeem Jeffries labeling them as “a disgraceful attack on the rule of law,” pledging “accountability” for “anyone involved in this malevolent corruption”.
Mr Comey held the position of FBI director from 2013 to 2017.
His tenure was marked by tumult, including leading a significant investigation into Democratic candidate Hillary Clinton’s emails just weeks before the 2016 election, which she lost to Trump.
He was dismissed by Trump amidst an investigation into Russian interference in the 2016 election.
This is not the first investigation into the former FBI director initiated this year.
He faced scrutiny from the Secret Service after he posted and subsequently deleted a social media message with seashells forming the numbers “8647”, which Republicans claimed incited violence against Trump.
The number 86 is a slang term, with definitions that include “to reject” or “to eliminate,” as defined by the Merriam-Webster dictionary.
In July, Mr Comey’s daughter Maurene Comey was dismissed from her position as a federal prosecutor in the Southern District of New York.
She reportedly received no explanation for her removal from the office where she had served for a decade.
Earlier this month, she filed a lawsuit against the Trump administration regarding her termination.
The Justice Department has been terminating attorneys involved in cases that have upset the president, including those working on a special prosecutor’s investigation of Trump.
Additional reporting by Sumi Somaskanda
