Magistrate flags inconsistent Comey indictment filings; prosecutor questioned at arraignment docket
A Virginia magistrate flagged inconsistent Comey indictment filings after two different versions — a two‑count indictment signed by interim U.S. Attorney Lindsey Halligan and a three‑count filing — appeared on the docket, prompting on‑the‑record questioning at a late‑evening arraignment session by Magistrate Judge Lindsey Vaala, who noted Halligan said she had not seen the three‑count document. A Northern Virginia grand jury returned two counts — making false statements to Congress and obstructing a Senate Judiciary Committee proceeding tied to Comey’s Sept. 30, 2020 testimony (14 of 23 jurors voted to true‑bill) — as prosecutors raced to file before a five‑year statute‑of‑limitations deadline amid U.S. Attorney Erik Siebert’s recent resignation; Comey has denied the charges and vowed to fight while supporters and critics, including President Trump, reacted publicly.
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🔍 Key Facts
- A federal grand jury in the Eastern District of Virginia returned an indictment charging former FBI Director James Comey with two counts — making a materially false statement to Congress and obstructing a Senate Judiciary Committee proceeding — tied to his Sept. 30, 2020 testimony; the indictment was filed Thursday evening, Sept. 25, 2025.
- Prosecutors pursued the indictment as the five‑year statute‑of‑limitations tied to the Sept. 30, 2020 testimony was about to expire, and reporting said DOJ was racing to present the matter to a grand jury before that deadline.
- Grand‑jury vote details show 14 of 23 jurors voted to return the two‑count true bill; a third proposed count failed to receive a majority.
- The Eastern District office saw abrupt personnel changes during the matter: U.S. Attorney Erik Siebert resigned after expressing doubts about bringing charges, and Lindsey Halligan — a White House aide and longtime Trump‑aligned lawyer — was installed as acting U.S. Attorney and signed the two‑count indictment presented to the grand jury.
- Career prosecutors in the Virginia office reportedly recommended against charging Comey and documented internal concerns in a memo even as leadership moved forward with the indictment.
- At arraignment docketing, Magistrate Judge Lindsey Vaala publicly flagged an inconsistency: two different versions of the indictment appeared on the court docket (one listing three counts, one listing two), prompting on‑the‑record questioning of the prosecutor about the filings and timing of the submission.
- Comey has denied the charges in public statements and videos — saying he is innocent and 'not afraid' and inviting a trial — and will be represented by attorney Patrick J. Fitzgerald; his arraignment is scheduled for Oct. 9, 2025 at 10 a.m. before Judge Michael S. Nachmanoff.
- The indictment and its release prompted intense political reaction: President Trump celebrated the charges and called them 'justice, not revenge' while urging further prosecutions; Democrats and legal experts warned the move risks being perceived as politicizing or 'weaponizing' the Justice Department and said the president's repeated public attacks could be used in defense strategies — prompting some House Democrats to review personal finances and consider liability protections.
📊 Analysis & Commentary (1)
Playbook: Comey indictment stuns Washington
"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 (27)
A tale of two indictments: Top Dems say ‘no one is above the law’ on Trump, but decry Comey case
New information:
- 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
Some Democrats scouring their finances for fear of a Trump prosecution: "No one is safe"
New information:
- 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 stuns MSNBC panel with statement about James Comey indictment
New information:
- 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 says Trump administration's prosecutions are "weaponizing the Justice Department"
New information:
- 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.
Trump’s Repeated Attacks May Undercut Case Against Comey
New information:
- 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.
Judge who reviewed Comey indictment confused by prosecutor's handling of case
New information:
- 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.
After Comey indictment, Trump says he hopes more political opponents will face prosecution
New information:
- 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
New information:
- 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.
Read an Annotated Version of James Comey’s Indictment
New information:
- 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.
Who is the Biden-appointed judge taking James Comey’s perjury case?
New information:
- 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.
Trump calls Comey a "dirty cop" after indictment that he calls justice, not revenge
New information:
- 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).
Trump answers whether Comey indictment is about justice or revenge
New information:
- 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).
Read the Trump administration’s full indictment of former FBI Director Comey
New information:
- 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.
Former FBI director James Comey responds after being indicted on 2 counts: "I'm innocent"
New information:
- 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 denies charges, declares 'I am not afraid'
New information:
- 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!'
Former FBI Director James Comey indicted by a grand jury and more top headlines
New information:
- Fox News reports that James Comey is expected to surrender today following the grand‑jury indictment.
A grand jury charged Comey with 2 counts — but rejected a third. Here's what they say.
New information:
- 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.
Former FBI Director James Comey posts video statement, vows to fight charges
New information:
- 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).
Trump says Comey 'placed a cloud over the entire nation' with Crossfire Hurricane, reacts to indictment
New information:
- 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).
Comey indictment sparks fierce political reactions nationwide
New information:
- Full-text and immediate reaction from President Donald Trump via Truth Social, including his celebratory post labeling Comey 'one of the worst human beings' and calling the indictment 'justice in America'
- Direct quote from newly appointed U.S. Attorney Lindsey Halligan calling the indictment "a breach of public trust at an extraordinary level"
- Statements from Attorney General Pam Bondi and current FBI Director Kash Patel endorsing the indictment as accountability and restoration of trust
- Additional named reactions from Sen. John Cornyn, Deputy Chief of Staff Stephen Miller, economist Peter Navarro, and Democratic senators (e.g., Tim Kaine, Mark Warner) characterizing the move as politically motivated or 'malicious prosecution'
+ 7 more sources