The clock is running down on James Comey. The Justice Department is preparing to decide whether to indict the former FBI director for perjury as the statute of limitations approaches, Fox News has learned.
At issue is whether Comey lied to Congress during his Sept. 30, 2020 testimony about his role in the FBI’s investigation into alleged Russian interference in the 2016 election — a probe that shadowed the first years of Donald Trump’s presidency.
Federal prosecutors have five years to bring a charge. That window closes next Tuesday. The case is in the hands of the U.S. Attorney’s Office for the Eastern District of Virginia.
“DOJ officials are close to deciding whether to prosecute former FBI Director James Comey for allegedly lying to Congress in September 2020,” a source said. “There is a grand jury underway looking at the matter in Virginia. A decision could come any day.”
Which parts of Comey’s testimony could form the basis of charges remains unclear.
For Trump, the matter is personal — and long-standing. He has accused Comey of politicizing intelligence and weaponizing the FBI against his presidency.
“I think they’re very dishonest people. I think they’re crooked as hell,” Trump said in July, naming Comey alongside former CIA Director John Brennan. “And maybe they have to pay a price for that.”
Trump dismissed Comey in 2017, branding the FBI’s Russia investigation a “rigged witch hunt” and the “Russia hoax.” He has argued the probe inflicted deep harm on U.S. relations with Moscow.
The case was later taken up by special counsel Robert Mueller, who ultimately found insufficient evidence of a criminal conspiracy between Trump’s 2016 campaign and Russia.
During Trump’s first term, another special counsel — John Durham — was appointed to investigate the FBI’s handling of the Crossfire Hurricane probe, raising further questions about the bureau’s conduct.
More over at Fox News:
BREAKING: The Justice Department is seeking to indict former FBI Director James Comey, FOX News has learned. pic.twitter.com/6fZuzHHmvd
— Fox News (@FoxNews) September 24, 2025
