Executive Summary
The Story So Far
Why This Matters
Who Thinks What?
Former FBI Director James Comey faces a two-count criminal indictment for allegedly lying to Congress in 2020 regarding leaks related to the FBI’s investigation into Hillary Clinton’s private email server. Comey, who maintains his innocence, is scheduled for arraignment Wednesday morning in a federal courthouse in Alexandria, Virginia. This legal action comes as part of what some observers describe as President Trump’s second-term campaign of retribution.
The charges mark a significant turn in a relationship that began with President-elect Trump praising Comey in January 2017 for his handling of the Clinton email probe. However, their dynamic quickly deteriorated after Comey informed Trump about the infamous “Steele dossier,” which contained unverified allegations of collusion between Trump’s campaign and Russia. Comey has since traversed a unique political path, evolving from a figure blamed by Democrats for their 2016 election loss to a catalyst for the appointment of Special Counsel Robert Mueller, a prominent anti-Trump figure, and now, a criminal defendant.
Clinton Bombshells Roil 2016
Many Americans first became aware of James Comey on July 5, 2016, when he held an unprecedented press conference detailing the FBI’s year-long investigation into Hillary Clinton’s email server. Comey criticized Clinton for being “extremely careless” with classified information but concluded that “no reasonable prosecutor” would pursue an indictment due to a lack of criminal intent. This unusual public announcement drew immediate ire from both sides of the political spectrum.
Donald Trump vehemently criticized the decision, calling the system “rigged,” while Clinton’s campaign was angered by Comey’s public deviation from FBI norms. In late October 2016, Comey reignited the controversy by informing Congress that the FBI was re-opening the Clinton probe after discovering new emails. This move, widely considered an “October surprise,” was reported to have reinvigorated Trump’s struggling campaign. Just 48 hours before Election Day, Comey again announced that no charges were warranted after reviewing the new emails.
Brian Fallon, a former top spokesman for the Clinton campaign, recently reiterated his belief that Comey’s actions contributed to Trump’s 2016 victory. Despite this, Fallon condemned the current charges against Comey as a “bone-chilling abuse of power.”
Tensions Escalate with Trump
Following the 2016 election, Comey faced new challenges with the FBI’s investigation into the Trump campaign’s ties to Russia and the handling of the sensitive Steele dossier. In January 2017, Comey privately briefed President-elect Trump on some of the dossier’s salacious allegations, which Trump sharply dismissed as untrue.
Their one-on-one meetings continued, with Comey documenting these conversations. At a January 2017 dinner, Trump reportedly told Comey, “I need loyalty. I expect loyalty,” to which Comey responded he would provide “honesty.” The following month, after National Security Adviser Michael Flynn resigned amid the escalating Russia scandal, Trump asked Comey to “let this go” regarding the FBI’s probe into Flynn, according to Special Counsel Mueller’s 2019 report.
On March 20, 2017, Comey publicly confirmed that the FBI was investigating the Russian government’s efforts to interfere in the 2016 election, including any links or coordination between the Trump campaign and Russia. Later that month, Trump asked Comey in a phone call to “lift the cloud” of the Russia investigation by publicly stating Trump was not personally under investigation.
Comey’s Firing and Mueller’s Appointment
On May 9, 2017, Comey was fired by President Trump while speaking to agents in Los Angeles. The White House stated the firing was based on Justice Department recommendations over Comey’s handling of the Clinton email probe. However, President Trump later told Russian officials that the firing relieved “great pressure because of Russia” and told NBC that he would have fired Comey regardless of the DOJ recommendation, linking it to the “Russia thing” being a “made-up story.”
Following Trump’s veiled threat on Twitter about “tapes” of their conversations, Comey decided to share a memo of his discussion with Trump regarding the Flynn investigation with his friend and lawyer, Dan Richman, who then shared its contents with The New York Times. This led to the appointment of Special Counsel Robert Mueller the following day. Comey’s subsequent testimony before the Senate Intelligence Committee on June 8, 2017, became a major public spectacle, during which he famously declared, “Lordy, I hope there are tapes.”
DOJ Watchdog Report and Congressional Testimony
In June 2018, the Justice Department inspector general released a 568-page report that was highly critical of Comey’s conduct during the Clinton email investigation. The report described his actions as “extraordinary and insubordinate,” particularly his public announcements, and stated they damaged the FBI’s apolitical reputation. Crucially, the watchdog report also confirmed that Comey’s actions were not motivated by political bias, a point Comey had consistently maintained. Despite this, President Trump characterized Comey as “the worst leader, by far, in the history of the FBI.”
Comey was called back to testify before Congress on September 30, 2020, by Republicans on the Senate Judiciary Committee, as part of their investigation into the FBI’s missteps in obtaining a Foreign Intelligence Surveillance Act warrant for Trump campaign adviser Carter Page. During this remote testimony, Senator Ted Cruz questioned Comey about his May 2017 testimony where he stated he had not been an anonymous source nor authorized one. Comey reaffirmed his earlier testimony. The recent indictment alleges that Comey “knew” during the 2020 hearing that he “in fact had authorized” an unnamed contact, reportedly Richman, to serve as an anonymous source in news reports regarding an FBI investigation.
Social Media Post Adds to Feud
After leaving office in 2021, Comey largely receded from the national spotlight, though he continued to be an outspoken critic of President Trump. In May of this year, he posted a now-deleted social media image of seashells spelling out “86 47,” which was interpreted by President Trump and his allies as a veiled threat, referring to “86” meaning to get rid of something and “47” potentially referencing Trump as the 47th US president. Comey voluntarily spoke with Secret Service agents, stating he opposed violence and removed the post, claiming he did not understand its meaning.
While no charges resulted from the social media post, the incident further fueled the long-standing feud. The criminal charges filed four months later stem from a case that reaches back to the 2016 Clinton email investigation. Presidential historian Douglas Brinkley noted that President Trump “is going for the jugular now with the charges against Comey,” calling it “vastly more authoritarian than we’ve ever seen” in a modern American context.
