Former FBI Director James Comey will appear in federal court in Alexandria, Virginia on Wednesday, October 8, 2025, to answer a two-count indictment accusing him of making false statements and obstructing a congressional investigation, according to a Department of Justice press release and media reports. He is expected to plead not guilty to both charges.
The charges were brought by Lindsey Halligan, who was recently installed as U.S. Attorney for the Eastern District of Virginia. Halligan, formerly a personal attorney to Donald Trump, presented the evidence to a grand jury—an unusual role for a U.S. Attorney—despite warnings from career prosecutors that there was insufficient evidence for an indictment.
This prosecution represents the first time the Justice Department under Trump has secured a grand jury indictment against one of his prominent political critics. For decades, norms within the DOJ have sought to insulate federal prosecutions from political influence—but critics argue this case challenges those conventions.
More than 1,000 former Justice Department officials, from both Republican and Democratic administrations, have signed a letter denouncing the charges as “an unprecedented assault on the rule of law.” In addition, career prosecutors in Virginia reportedly urged Halligan not to pursue the case, citing weak evidence and lack of probable cause.
The indictment alleges that Comey obstructed a congressional investigation by lying about his authorization of anonymous leaks to the press in connection to FBI investigations.
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It also alleges he made a false statement under 18 U.S.C. § 1001, denying that he authorized anyone else to serve as an anonymous source. A third proposed count was rejected by the grand jury.
In DOJ’s public statement, Attorney General Pamela Bondi said, “no one is above the law.” FBI Director Kash Patel asserted that the indictment reflects a broader effort to reclaim integrity in federal law enforcement.
The case has roots in Comey’s September 2020 testimony before the Senate Judiciary Committee. At that hearing, he denied authorizing the use of anonymous sources for press leaks—legally sensitive assertions that now form the basis of the criminal charges.
Historically, Comey drew Trump’s ire for leading investigations surrounding the Trump–Russia axis and for his later criticisms of the president. Trump terminated Comey in 2017, triggering political turmoil and, ultimately, the Robert Mueller special counsel investigation.
At his arraignment, Comey is expected to plead not guilty and may ask the court to dismiss the indictment on grounds such as selective or politically motivated prosecution.