On Wednesday evening, disgruntled officials in the Eastern District of Virginia leaked contents of a memo explaining why charges should not be brought against James Comey.
As reported earlier, former FBI Director James Comey is expected to be indicted in the Eastern District of Virginia in the next few days.
Comey will reportedly be charged for lying to Congress in a 2020 testimony about whether he authorized leaks to the media.
Officials in the Eastern District of Virginia are still fighting to stop Comey from being charged after Trump fired US Attorney Erik Siebert.
President Trump last week fired Erik Siebert as the US Attorney for the Eastern District of Virginia because he refused to bring charges against Letitia James, Comey, Schiff and others.
On Saturday evening, President Trump announced that he had appointed Lindsey Halligan – his personal attorney who defended him against the Mar-a-Lago raid – as US Attorney for the Eastern District of Virginia.
Now, with just days to go before the statute of limitations runs out to charge Comey for lying during a September 30, 2020 testimony, Lindsey Halligan is reportedly gearing up to indict Comey.
Prosecutors reportedly gave newly sworn-in Halligan a memo defending James Comey and explaining why charges should not brought against the fired FBI Director.
Per MSNBC’s Ken Dilanian:
Two sources familiar with the matter tell me prosecutors in the EDVA US attorney‘s office presented newly sworn US attorney Lindsey Halligan with a memo explaining why charges should not be brought against James Comey, because there isn’t enough evidence to establish probable cause a crime was committed, let alone enough to convince a jury to convict him.
Justice Department guidelines say a case should not be brought unless prosecutors believe it’s more likely than not that they can win a conviction beyond a reasonable doubt.
Two sources familiar with the matter tell me prosecutors in the EDVA US attorney‘s office presented newly sworn US attorney Lindsey Halligan with a memo explaining why charges should not be brought against James Comey, because there isn’t enough evidence to establish probable…
— Ken Dilanian (@DilanianMSNBC) September 24, 2025