FBI Considered 'Perp Walk' for Comey; Supervisory Agent Suspended for Refusing to Participate
Federal prosecutors in the Eastern District of Virginia, racing against a five‑year statute‑of‑limitations tied to James Comey’s Sept. 30, 2020 testimony, convened a grand jury that returned a two‑count indictment charging Comey with making false statements to Congress and obstructing a Senate proceeding (a third count failed), filing the indictment late Thursday amid personnel turmoil after U.S. Attorney Erik Siebert’s resignation and the installation of Lindsey Halligan — a move career prosecutors reportedly advised against; Comey has denied the charges, posted a video saying "I'm not afraid," and is due to be arraigned Oct. 9 before Judge Michael Nachmanoff. Separately, FBI leadership discussed staging a public "perp walk" arrest with agents in marked gear, prompting refusals from multiple supervisors — including supervisory special agent Chris Ray, who was suspended for insubordination — as the bureau works to assemble a team to carry out an arrest before Comey’s arraignment.
📌 Key Facts
- A Northern Virginia grand jury returned a federal two‑count indictment charging former FBI Director James Comey with making a materially false statement to Congress (tied to his Sept. 30, 2020 testimony) and obstructing a Senate Judiciary Committee proceeding; a third proposed count failed to receive a majority (14 of 23 jurors voted to true‑bill the two counts).
- Prosecutors raced to file before the five‑year statute‑of‑limitations deadline linked to Comey’s Sept. 30, 2020 testimony; the indictment was filed in the Eastern District of Virginia on Sept. 25, 2025, and an arraignment is scheduled for Oct. 9, 2025 before Judge Michael S. Nachmanoff. Comey is expected to surrender and is represented by attorney Patrick J. Fitzgerald.
- Career prosecutors in the Eastern District of Virginia reportedly recommended against charging Comey and documented internal concerns in a memo; U.S. Attorney Erik Siebert resigned after expressing doubts and was replaced by Lindsey Halligan — a White House aide and former Trump lawyer — who signed the two‑count indictment and presented the matter to the grand jury amid scrutiny over rushed personnel moves.
- The case unfolded amid explicit political pressure: President Trump publicly urged prosecutions, celebrated the indictment on Truth Social and called it 'justice, not revenge,' prompting legal experts to warn the defense could use the president’s statements to argue vindictive or politically motivated prosecution; Democratic leaders called the move 'weaponizing the Justice Department.'
- Comey immediately denied the charges in video statements and social posts, saying 'I’m innocent' and 'I am not afraid,' vowed to fight the case and invited a trial; his lawyer issued a statement seeking vindication in court.
- Court docket irregularities drew judicial attention: two inconsistent versions of the indictment (one listing three counts, one listing two) appeared on the record, prompting questions from a magistrate about the late filing and inconsistent documents; Halligan said she had not seen the three‑count version.
- FBI leadership reportedly weighed staging a public 'perp walk' for Comey — planning to use prominently marked, heavily equipped agents — and suspended supervisory special agent Chris Ray for refusing to participate as inappropriate for a white‑collar defendant; other supervisors also declined to cooperate while the FBI worked to assemble a team to effect an arrest before the arraignment.
📊 Analysis & Commentary (1)
"A Politico Playbook analysis argues the Comey indictment is a watershed example of the Trump administration's widening retribution campaign — using DOJ power to target political foes — and warns it threatens DOJ independence and the rule of law while deepening partisan divides."
📰 Sources (28)
- FBI leadership discussed staging a public arrest ('perp walk') of James Comey rather than waiting for his voluntary court appearance.
- Plan details included assembling 'large, beefy' agents in Kevlar and exterior FBI‑marked gear to conduct the arrest.
- Supervisory special agent Chris Ray refused to participate, deeming it inappropriate for a white‑collar defendant, and was suspended for insubordination.
- Other FBI supervisors also refused to cooperate; FBI is reported to be actively working to assemble a team to carry out an arrest before Comey’s Oct. 9 arraignment.
- Compiles contemporaneous reactions from senior Democrats (Biden, Pelosi, Schumer, Kaine, Warner) characterizing the Comey indictment as political payback
- Attributes direct quotes from Schumer on NBC ('no faith in Trump’s judicial system') and from Trump defending the Comey indictment as 'about justice...not revenge'
- Frames the Comey indictment in contrast to Democratic praise of Trump's conviction as proof 'no one is above the law,' highlighting partisan divide
- Multiple House Democrats are actively reviewing personal finances (mortgages, tax returns) in response to the Comey indictment out of fear of politically motivated prosecutions.
- Some Democratic members have purchased or are exploring professional/ liability insurance to protect against potential legal actions.
- Direct quotes from members (Jared Huffman, Greg Landsman, Gil Cisneros, Joe Morelle) expressing fear that 'no one is safe' and describing specific defensive steps.
- Michael Cohen publicly told an MSNBC panel he believes James Comey "likely committed a crime" and said he "believe[s] likely he will be found guilty."
- The comments occurred during a live MSNBC panel with Elise Jordan, Ayman Mohyeldin and Molly Jong‑Fast, who visibly reacted to Cohen's assertion.
- Cohen framed his view by saying the government already has "hundreds of thousands of documents" and argued DOJ has been "weaponized," a line he used to contextualize his belief about the indictment's prospects.
- Sen. Amy Klobuchar publicly characterized the Trump administration as 'weaponizing the Justice Department' in reaction to the James Comey indictment.
- The remark was made on CBS's 'Face the Nation with Margaret Brennan' and ties public criticism to the recent forced resignation of prosecutor Eric Siebert.
- Documents and quotes showing President Trump publicly pre‑judged Comey’s guilt and directly ordered Attorney General Pam Bondi to prosecute Comey, Letitia James and Adam Schiff.
- Legal experts quoted (Joyce Vance, Samuel W. Buell) arguing Trump’s repeated public attacks could be invoked by the defense as evidence of vindictive or politically motivated prosecution.
- Specific framing that defense teams might use a vindictive‑prosecution argument tied to the president’s statements, potentially affecting motions or trial strategy.
- Two different versions of the Comey indictment were on the court docket—one listing three counts and one listing two—creating an inconsistency the magistrate questioned on the record.
- Grand-jury voting details: 14 of 23 jurors voted to true-bill the two counts (false statements and obstruction); the third count failed to receive a majority.
- Interim U.S. Attorney Lindsey Halligan personally signed the two-count indictment and told the magistrate she had not seen the three-count version on the docket.
- Transcript quotes from Magistrate Judge Lindsey Vaala show surprise at the late session time (6:47 p.m.) and at the inconsistent documents.
- President Trump publicly said he hopes additional political opponents will be prosecuted in the wake of James Comey’s indictment.
- PBS NewsHour aired legal analysis (Barbara McQuade) contextualizing the indictment and the president’s remarks.
- Career prosecutors in Virginia recommended against charging James Comey.
- Comey posted on Instagram saying he was 'ready and willing to go to trial' after the Justice Department filed charges.
- Publishes the full indictment as an annotated primary document for readers (WSJ annotated version).
- Provides clause‑by‑clause explanatory notes and legal context tied directly to the indictment language.
- Reiterates the charges described in the indictment: making false statements and obstruction.
- Federal Judge Michael Nachmanoff (a Biden appointee) has been assigned to preside over the DOJ prosecution of James Comey.
- Arraignment has been scheduled for Oct. 9 in the Eastern District of Virginia.
- Background on Nachmanoff: former public defender, confirmed in 2021 with bipartisan support (including Sens. Collins, Graham and Murkowski).
- Recent notable ruling: Nachmanoff sided with the Trump administration in a lawsuit permitting the CIA's termination of Dr. Terry Adirim.
- Reactions quoted/attributed: President Trump called Nachmanoff 'crooked' on Truth Social; Comey’s attorney Patrick Fitzgerald denied the charges and vowed to vindicate Comey.
- Direct presidential quote calling James Comey a "dirty cop."
- President Trump framed the indictment as "justice, not revenge."
- The article is a same‑day presidential reaction to the Eastern District of Virginia indictment (two counts).
- President Donald Trump publicly characterized the Comey indictment as 'about justice' and 'not revenge.'
- Trump called James Comey a 'dirty cop' and labeled his critics 'sick, radical left people' in remarks to reporters.
- The comments were made while Trump departed the White House on Sept. 26, 2025 and were published by Fox News Digital (Michael Dorgan).
- Provides the full indictment document (primary source) for public review.
- Frames the indictment in the immediate context of a White House memorandum and recent personnel moves to the U.S. attorney's office overseeing related prosecutions.
- Reiterates the allegation that Comey lied to Congress during 2020 testimony and links the charge to the broader political actions taken by the administration.
- CBS published a video statement from Comey in which he states, "I'm innocent," and calls for a trial.
- Direct quotes from Comey expressing confidence in the federal judicial system and inviting a trial.
- The CBS piece is a primary-source video capturing Comey’s immediate public response to the indictment.
- Comey posted an Instagram video denying the charges and saying 'But I'm not afraid.'
- Patrick J. Fitzgerald will represent Comey in the case (attorney named and quoted).
- Arraignment is scheduled for Oct. 9, 2025 at 10 a.m. before Judge Michael S. Nachmanoff.
- Report that Comey will turn himself in on Friday (near-term procedural step).
- Includes President Trump's immediate Truth Social reaction celebrating the indictment and calling Comey a 'dirty copy' and asserting 'HE LIED!'
- Fox News reports that James Comey is expected to surrender today following the grand‑jury indictment.
- A Northern Virginia grand jury approved two criminal counts against James Comey and declined to indict on a third charge.
- Count 1 alleges Comey made a materially false statement to Congress regarding whether he authorized an anonymous FBI source to speak to the Wall Street Journal.
- Count 2 alleges Comey obstructed a Senate Judiciary Committee proceeding by providing false and misleading testimony.
- The conduct centers on Comey's testimony at the Sept. 30, 2020 Senate hearing; the article notes the five‑year statute of limitations would have expired next week.
- The DOJ inspector general's 2018 report and competing accounts from Andrew McCabe are cited as background to the allegations, and Attorney General Pam Bondi issued a public statement supporting the indictment.
- Comey posted a video on Instagram denying the charges and saying 'I'm not afraid' and 'We will not live on our knees.'
- Comey's attorney Patrick J. Fitzgerald issued a statement denying the charges and saying they look forward to vindication in court.
- Court papers indicate a majority of grand jurors did not approve an additional count of lying to Congress.
- The article quotes Comey referencing family and notes his daughter's recent DOJ departure (contextual detail included in his video).
- Direct, attributed interview quotes from President Trump calling Comey 'a very corrupt person' and saying Comey 'placed a cloud over the entire nation' and that the 'Russia, Russia, Russia hoax' 'could have caused wars.'
- Fox News notes prior exclusive reporting that Comey (and John Brennan) were under criminal investigation, highlighting the outlet's earlier coverage context.
- Quoted reactions from FBI Director Kash Patel praising the bureau's 'promise of full accountability' in a post on X (explicit attribution included).
+ 8 more sources