Ex-FBI Director James Comey is set to be arraigned Wednesday, but prosecutors investigating him determined that a central witness would prove « problematic, » sources say.
Federal prosecutors investigating former FBI Director James Comey for allegedly making false statements to Congress determined that a central witness in their probe would prove « problematic » and likely prevent them from establishing their case to a jury, sources familiar with their findings .
Daniel Richman — a law professor who prosecutors allege Comey authorized to leak information to the press — told investigators that the former FBI director instructed him not to engage with the media on at least two occasions and unequivocally said Comey never authorized him to provide information to a reporter anonymously ahead of the 2016 election, the sources said.
Comey, who was indicted last month on charges of making a false statement and obstruction related to 2020 testimony before the Senate Judiciary Committee, is due to appear in a Virginia courtroom for the first time for his arraignment Wednesday — but Justice Department officials have privately expressed that the case could quickly unravel under the scrutiny of a federal judge and defense lawyers.
According to prosecutors who investigated the circumstances surrounding Comey’s 2020 testimony for two months, using Richman’s testimony to prove that Comey knowingly provided false statements to Congress would result in « likely insurmountable problems » for the prosecution.
Investigators detailed those conclusions in a lengthy memo last month recommending that the office not move forward in charging Comey, according to sources familiar with the memo’s contents.
Lindsey Halligan, a Trump loyalist hand-picked to replace the U.S. attorney for the Eastern District of Virginia who resisted bringing prosecutions against Trump’s political foes, still moved forward in presenting the case before a grand jury in Alexandria, Virginia, and secured two out of three counts she sought against Comey over his 2020 congressional testimony.
