Trump DOJ Plans Charges Against Comey Amidst Legal Hurdles Ahead of Statute Expiry

Federal prosecutors are working against a rapidly approaching statute of limitations deadline to potentially indict former FBI Director James Comey for allegedly lying to Congress during his 2020 Senate testimony. The perjury charges, which carry a five-year statute of limitations, require an indictment by a federal grand jury within days, complicating the Justice Department's ability to build a strong case. Internal resistance exists within the DOJ, with career prosecutors advising against charges due to lack of probable cause and highlighting DOJ guidelines that demand a high likelihood of conviction beyond a reasonable doubt. Legal analysts Benjamin Wittes and Anna Bower have expressed skepticism about the viability of prosecuting Comey, noting that prior investigations, including those under the Trump administration, found insufficient evidence to charge him or others linked to similar leaks. The potential charges mainly focus on alleged false statements about authorizing leaks, but evidence is often contradictory or based on disputed memories rather than clear intent to deceive. Despite pressure from President Donald Trump and his allies to pursue charges against Comey, experts argue the legal theories are weak and unlikely to withstand judicial scrutiny.