Why ex-FBI Director James Comey has been indicted – what it means

The erstwhile United States Federal Bureau of Investigation (FBI) Director James Comey has been charged with lying to Congress.

He’s the archetypal erstwhile elder authorities authoritative to look charges tied to 1 of President Donald Trump’s biggest complaints: The probe into Russian interference successful the 2016 election.

The Justice Department says Comey could look up to 5 years successful situation if he’s recovered guilty.

Here is what we know:

Who is James Comey?

James Comey was manager of the FBI from 2013 to 2017, serving nether President Barack Obama.

In 2017, aft helium became president, Donald Trump fired him portion helium was starring an probe into whether Trump oregon his run had worked with Russia to power the result of the 2016 election, which Trump, the Republican candidate, won against Democrat Hillary Clinton.

After Comey was dismissed, Special Counsel Robert Mueller took implicit the Russia investigation.

The probe lasted astir 2 years and recovered that Russia had made large efforts to sway the 2016 election. Ultimately, it did not beryllium determination was immoderate transgression conspiracy involving Trump oregon his team, but the lawsuit hung implicit Trump for years, and helium condemned it arsenic a “witch-hunt”.

Donald Trump (top) speaks astatine a run lawsuit successful Washington, DC, arsenic Hillary Clinton listens during a municipality hallway statement successful Washington, DC, connected October 26, 2016 [File: Carlo Allegri/Shannon Stapleton/Reuters]

What are the charges against Comey?

The lawsuit against Comey is not astir the details of the Russia investigation. It focuses lone connected whether helium lied to senators during his 2020 grounds astir the probe to the Senate Judiciary Committee successful 2020.

At a September 30 hearing, Republican Senator Ted Cruz asked whether helium had ever authorised anyone astatine the FBI to leak accusation to the property astir investigations into Hillary Clinton’s emails and imaginable links betwixt the Trump run and Russia.

Comey said helium had ne'er allowed anyone astatine the bureau to enactment arsenic an anonymous root successful quality reports. That connection conflicted, however, with grounds from erstwhile FBI Deputy Director Andrew McCabe, who said Comey had, successful fact, fixed specified approval.

• The indictment’s first number – making mendacious statements – claims Comey knowingly lied nether oath during that hearing.
• The second number – obstruction of a legislature proceeding – accuses him of trying to interfere with the committee’s probe by giving mendacious and misleading testimony.

Overall, the Trump medication aims to formed the Russia probe arsenic portion of an effort by the erstwhile President Barack Obama medication to leverage Moscow’s alleged interference successful the predetermination and to undermine the legitimacy of Trump’s victory.

What was Comey testifying about, exactly, successful 2020?

The Republican-led Senate Judiciary Committee was reviewing mistakes the FBI made astatine the commencement of the Russia investigation.

Senators asked Comey astir the FBI’s usage of a dossier that made unverified claims astir Trump’s ties to Moscow. The dossier, which has since been mostly discredited, was utilized to get a warrant to secretly ticker a erstwhile Trump run adviser.

Comey agreed that the errors successful the warrant were serious. But helium defended the wide probe arsenic having been “in the main, conducted successful the close way”.

The questions astir whether helium had authorised anyone astatine the FBI to talk anonymously to the property astir the Russia probe came up successful narration to this.

James Comey, Former Director of the Federal Bureau of Investigation, testifies remotely earlier the Senate Judiciary Committee during an oversight proceeding to analyse the Crossfire Hurricane Investigation successful Washington, DC, September 30, 2020 [Ken Cedeno/Reuters]

What is an indictment?

In astir national cases, an indictment takes spot aft a expansive assemblage has determined that determination is capable grounds that a transgression has been committed.

According to the US Department of Justice, an indictment is issued arsenic portion of a ceremonial written announcement that a idiosyncratic is suspected of having committed a transgression and that they volition person to basal trial.

The indictment itself informs the idiosyncratic of the charges against them.

What is simply a expansive jury?

A expansive assemblage is simply a radical of citizens convened by prosecutors to determine whether determination is capable grounds to bring transgression charges. In ineligible terms, its relation is to find whether determination is probable origin to judge a transgression was committed.

Grand juries bash not determine guilt oregon innocence.

What happens aft the indictment is issued?

If a expansive assemblage approves an indictment, the lawsuit moves guardant successful the tribunal process. The suspect tin either beryllium arrested oregon beryllium brought to tribunal done a summons.

The suspect archetypal appears astatine an arraignment, a tribunal proceeding wherever the charges are formally work and a plea is entered. The lawsuit past goes done pretrial steps, specified arsenic exchanging grounds and filing motions, and whitethorn beryllium resolved with a plea woody (an statement betwixt the authoritative and the defendant).

If nary statement is reached, the lawsuit proceeds to trial, wherever a assemblage decides guilt oregon innocence. If the suspect is recovered guilty, the justice imposes a sentence, which could see prison, fines oregon probation.

When volition Comey’s arraignment happen?

Comey’s arraignment is acceptable for October 9 astatine 10am section clip (14:00 GMT) successful Virginia.

After the indictment, his attorney, Patrick J Fitzgerald, released a connection saying: “Jim Comey denies the charges filed contiguous successful their entirety. We look guardant to vindicating him successful the courtroom.”

What was Trump’s absorption to the indictment?

Trump celebrated the determination connected Truth Social, writing: “JUSTICE IN AMERICA! One of the worst quality beings this Country has ever been exposed to is James Comey, the erstwhile Corrupt Head of the FBI.

“Today helium was indicted by a Grand Jury connected 2 felony counts for assorted amerciable and unlawful acts,” the president added.

.@POTUS: “JUSTICE IN AMERICA!” pic.twitter.com/polaL0r6ky

— Rapid Response 47 (@RapidResponse47) September 25, 2025

Attorney General Pam Bondi said “no 1 is supra the law” and described the indictment arsenic impervious of the Justice Department’s “commitment to holding those who maltreatment positions of powerfulness accountable”.

How has Comey responded?

Comey released a video connected Instagram successful which helium said: “My household and I person known for years that determination are costs to lasting up to Donald Trump. But we couldn’t ideate ourselves surviving immoderate different way. We volition not unrecorded connected our knees and you shouldn’t either.

“I person large assurance successful the national judicial strategy and I’m innocent. So let’s person a proceedings and support the faith,” helium added.

What bash critics of Comey’s indictment say?

The lawsuit against James Comey has raised concerns that the Justice Department, led by Bondi, is being utilized by Trump to people his governmental enemies.

Critics accidental the White House is interfering successful ways that blur the enactment betwixt instrumentality and politics.

Trump publically pressured Bondi to bring charges against Comey and aboriginal complained that investigations had not produced prosecutions. He besides announced plans to nominate Lindsey Halligan, a loyal adjutant with nary acquisition arsenic a national prosecutor, to the apical authoritative station successful Virginia.

The Eastern District of Virginia, which filed the lawsuit against Comey, was already successful turmoil aft its main authoritative resigned nether unit to prosecute different Trump rival, New York Attorney General Letitia James. Halligan moved the Comey lawsuit to a expansive jury, contempt warnings not to from experienced prosecutors.

“This benignant of interference is simply a unsafe maltreatment of power,” said Democratic Senator Mark Warner of Virginia.

“By ousting a respected, autarkic authoritative and replacing him with a partisan loyalist, Trump is undermining 1 of the astir important US. Attorney’s offices successful the state and eroding the regularisation of instrumentality itself.”

Legal experts pass the determination sets a unsafe precedent.

“Trump has explicitly stated that helium is seeking to usage his powerfulness arsenic president, to question revenge implicit those helium believes are either his governmental opponents oregon those helium personally dislikes,” Sahar Aziz, a Distinguished Professor of Law astatine Rutgers University, told Al Jazeera.

“This is unprecedented due to the fact that Trump is utilizing the transgression justness strategy to endanger the liberty of a erstwhile elder official,” she added.

“He has present acceptable the precedent that the aforesaid happening could hap to him and his ain appointees. This is an authoritarian slide.”