Washington — Federal prosecutors in Washington are nearing a decision on whether to seek an indictment against former FBI Director James Comey, a longtime adversary of President Trump, multiple sources familiar with the matter told CBS News.
### Possible Charges and Statute of Limitations
It remains unclear what specific crimes Comey could be charged with. However, several media outlets have reported that prosecutors have been investigating whether Comey lied to Congress during his 2020 testimony concerning the origins of the FBI’s investigation into Russian interference in the 2016 election. Notably, the five-year statute of limitations for such charges is set to expire this Tuesday.
Sources told CBS News that prosecutors are considering presenting the case against Comey to a grand jury. For an indictment to proceed, a majority of the grand jury must vote that there is probable cause to believe a crime was committed—a standard lower than what is required to secure a criminal conviction.
### Potential Political Implications
If Comey is charged, it would represent a significant escalation in the Trump administration’s ongoing efforts to target the president’s critics. Just four days ago, former President Trump posted on Truth Social, seemingly urging Attorney General Pam Bondi to investigate Comey and others, labeling them as “guilty as hell” and demanding, “JUSTICE MUST BE SERVED.”
In related developments, Trump announced on Saturday that he had fired the top federal prosecutor in the Eastern District of Virginia. Erik Siebert resigned a day earlier amidst concerns from prosecutors in that office, who feared he might be removed for declining to charge another Trump political adversary, New York Attorney General Letitia James. Shortly thereafter, Lindsey Halligan, Trump’s former personal lawyer with no prosecutorial experience, was sworn in Monday as the interim U.S. Attorney for the Eastern District of Virginia.
### Background on Comey and Trump
Comey and President Trump have been at odds for years. Prior to the 2016 election, Comey led FBI investigations into allegations of Russian interference, including probing whether Russia sought to assist Trump’s campaign, as well as the investigation into Hillary Clinton’s private email server. Both investigations have faced intense scrutiny.
The Russia investigation, known as “Crossfire Hurricane,” has particularly enraged Trump and his allies. The president fired Comey just months into his first term in 2017, and since then, they have repeatedly traded barbs. Comey has publicly called Trump “morally unfit” to be president and accused him of demanding loyalty during his FBI tenure. In turn, Trump has accused Comey of dishonesty and suggested he should be imprisoned.
### Broader Context and Concerns
Since returning to office, Trump has continued his attacks on the FBI and related agencies involved in the Russia probe. Meanwhile, the Justice Department has been investigating the handling of classified Russia-related materials by former senior FBI officials. At the same time, intelligence agencies have revisited their assessments of Russian interference during the 2016 election.
Back in 2017, U.S. intelligence officials concluded that Russia sought to meddle in the election and showed a preference for Trump’s candidacy.
The handling of the potential charges against Comey has raised alarms among legal experts. Tom Dupree, a former Justice Department official from the George W. Bush era, told CBS News, “What is different about this case is that there clearly has been significant presidential pressure brought to bear. You don’t want a universe in which that pressure distorts prosecutorial judgment and makes prosecutors make charging decisions based not on the evidence, but on what they think will please the president.”
As the statute of limitations deadline approaches, all eyes remain on Washington to see whether prosecutors will move forward with charges against the former FBI director.
https://www.cbsnews.com/news/federal-prosecutors-james-comey-near-decision-charge/