Former FBI Director James B. Comey has been formally indicted by a federal grand jury on two felony charges tied to his September 2020 testimony before Congress. The charges—one count of making a false statement and one count of obstruction of a congressional proceeding—mark a dramatic escalation in the long-running political and legal feud between Comey and former President Donald J. Trump .
What Triggered the Indictment?
The indictment centers on Comey’s appearance before the Senate Judiciary Committee on September 30, 2020, during a hearing titled “Oversight of the Crossfire Hurricane Investigation”—a Republican-led review of the FBI’s 2016 probe into Russian election interference .
According to court documents, prosecutors allege that Comey knowingly provided false or misleading answers about his role in authorizing certain investigative steps and his communications with media sources during that period .
Understanding the Charges
| Charge | Statute | Potential Penalty |
|---|---|---|
| Making a False Statement | 18 U.S.C. § 1001 | Up to 5 years in federal prison |
| Obstruction of a Congressional Proceeding | 18 U.S.C. § 1505 | Up to 5 years in federal prison |
How a Federal Indictment Works: Step by Step
1. Investigation
DOJ gathers evidence
2. Grand Jury
Prosecutors present case
3. Indictment
Formal charges issued
4. Trial
If no plea deal
Political Context and Timing
The indictment comes amid renewed pressure from Trump allies who have long accused Comey of bias during the 2016 election. Trump publicly urged the Justice Department to “go after” Comey and other “enemies” earlier this year .
Legal experts are divided on whether the charges reflect legitimate accountability or political retribution.
“Indicting someone for disputed testimony sets a dangerous precedent—it could chill future cooperation with Congress,” said a former federal prosecutor.
What Happens Next for Comey?
- Arraignment: Comey will enter a plea (likely not guilty).
- Discovery: Both sides exchange documents, including full 2020 testimony transcripts.
- Motions: Defense may move to dismiss, arguing statements were not “material” or were based on memory.
- Trial or Plea: If unresolved, a jury trial could begin in early 2026.
For a deeper look at how congressional testimony can lead to legal jeopardy, see our guide on [INTERNAL_LINK:congressional-testimony-legal-risks].
The case tests the boundaries of accountability for high-ranking officials. As the U.S. Department of Justice states, “All citizens, regardless of position, are subject to the rule of law” .
Sources
- https://www.nytimes.com/2025/09/26/us/politics/trump-james-comey-indictment-explained.html
- https://www.justice.gov/
- https://www.congress.gov/
- https://www.law.cornell.edu/uscode/text/18
