A federal grand jury in Virginia indicted former FBI Director James Comey Thursday on one count of making false statements and one count of obstruction.
The Indictment
As reported on Friday’s AM Update, the investigation into Comey reportedly centered around alleged lies he told to the Senate Judiciary Committee on September 30, 2020, regarding the Trump-Russia FBI probe nicknamed “Crossfire Hurricane.”
The accusation is that he authorized leaks of information to the press, then lied about it under oath and obstructed justice in thwarting Congress’ oversight of the FBI. The charge of lying to Congress has a five-year statute of limitations, meaning prosecutors faced a Tuesday deadline to bring charges against Comey.
Following the announcement, Attorney General Pam Bondi posted on social media: “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.”
Comey also took to social media with his reaction, posting a somber video to ensure his followers that all will be well. “My family and I have known for years that there are costs to standing up to Donald Trump, but we couldn’t imagine ourselves living any other way,” he said, in part. “We will not live on our knees, and you shouldn’t either.”
“Somebody that I love dearly recently said that fear is the tool of a tyrant, and she’s right. But I’m not afraid, and I hope you’re not either. I hope instead you are engaged, you are paying attention, and you will vote like your beloved country depends upon it, which it does,” Comey added. “My heart is broken for the Department of Justice, but I have great confidence in the federal judicial system, and I’m innocent. So, let’s have a trial and keep the faith.”
The Reaction
The charges were brought by Acting U.S. Attorney for the Eastern District of Virginia Lindsey Halligan, the 36-year-old former personal attorney of President Donald Trump. She was appointed to the job on Monday, despite her lack of experience in criminal law and in prosecuting cases, to replace Eric Siebert.
Siebert left the position last Friday, reportedly over his reluctance to pursue charges against the president’s enemies, including New York State Attorney General Letitia James. He said he resigned, but President Trump posted on Truth Social that he fired Siebert.
The president also posted – and then deleted – a Truth Social addressed to Bondi over the weekend, writing: “What about Comey, Adam Shifty Schiff, Letitia [James]? They’re all guilty as hell, but nothing is being done. Justice must be served now.”
While Trump’s critics say the indictment appears to have been at the behest of the president, they seem to be ignoring April 2022 reporting in The New York Times that then-President Joe Biden had been pressuring his attorney general, Merrick Garland – before even a single indictment had been sought against Donald Trump – to get more aggressive, be more decisive, and to indict Donald Trump.
The Biden Department of Justice did indict Trump, twice – not to mention the state prosecutions in New York and Georgia, both of which had federal help.
The Analysis
On Friday’s edition of The Megyn Kelly Show, Megyn said there is still a lot to learn in this case. “I have absolutely no empathy for James Comey. He seems like a genuinely bad guy to me. It seems like he committed multiple crimes that he got away with because the statute of limitations expired,” she said. “And our only question today is to figure out whether these are viable and valid, and whether he will be able to get them dismissed for whatever reason.”
Figuring out the viability of the charges, she said, will require more information than is currently available. “I have read the two-page indictment, and it is very thin,” Megyn noted.
According to the indictment, “on or about September 30, 2020… [Comey] did willfully and knowingly make a materially false, fictitious, and fraudulent statement in a matter within the jurisdiction of the legislative branch of the Government of the United Stales, by falsely stating to a U.S. Senator during a Senate Judiciary Committee hearing that he… had not ‘authorized someone else at the FBI to be an anonymous source in news reports’ regarding an FBI investigation concerning PERSON 1.”
A “PERSON 1” and another “PERSON 3” are not identified in the document, nor are the “news reports” that included the alleged leaks. “What’s not in here is: What are they talking about? Who did he authorize to be an anonymous source? What news reports,” Megyn said.
With those questions in mind, Megyn was joined by MK True Crime contributor Dave Aronberg, Mike Davis of The Article III Project, and John Solomon of Just the News to discuss the indictment and what we can expect in the case.
Breaking Down the Indictment
A closer look at the indictment, what’s behind the allegations that Comey leaked information and obstructed a congressional investigation, the questions that remain about what he is specifically being accused of, and more.
Potential Defense Strategy
Megyn and the panel discuss whether Comey could argue he is the target of “malicious prosecution” by pointing to Trump’s repeated calls for his indictment, what happens next in the case, and more.
You can check out Megyn’s full analysis by tuning in to episode 1,158 on YouTube, Apple Podcasts, or wherever you like to listen. And don’t forget that you can catch The Megyn Kelly Show live on SiriusXM’s Triumph (channel 111) weekdays from 12pm to 2pm ET.