What You Need to Know About James Comey: The Former FBI Director and Outspoken Trump Critic Now Facing Indictment

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James Comey, the former FBI director known for his criticism of Donald Trump, has been charged with two criminal counts, as the President intensifies his retaliation against political adversaries.

The indictments follow Trump’s public call for Attorney General Pam Bondi to proceed against Comey and others he deems as foes, a significant shift from the norm that the justice department operates independently of presidential influence.

Comey faces accusations of making false statements and obstructing justice related to his probe into potential Russian meddling in the 2016 election, which Trump won, and whether there was collaboration with the Russians.

Trump praised the charges, calling Comey “one of the worst human beings this country has ever been exposed to”.

Since his 2015 presidential campaign, Trump has threatened imprisonment against political opponents, but this indictment is the first successful grand jury charge by his administration against one such adversary.

The justice department is also investigating other antagonists, including New York attorney general Letitia James and John Bolton, who served as a national security official in Trump’s first term as president.

Comey faces up to five years in prison if convicted, according to federal prosecutor Lindsey Halligan, who was appointed by Trump just days ago. She is a former personal lawyer to the president who has no experience as a prosecutor.

“No-one is above the law,” Bondi said in a statement as the justice department announced charges against Comey for committing “serious crimes”.

Who is James Comey?

Comey served as FBI director from 2013 until 2017, the year Trump began his first term.

Trump fired him as FBI director days after Comey publicly confirmed that Trump was under investigation over his election campaign’s alleged connections to Russia.

Comey then emerged as a prominent critic of the president, calling him “morally unfit” for office.

Following Comey’s dismissal, Robert Mueller, another former FBI leader, was appointed as special counsel to oversee the Russia inquiry. This investigation uncovered many interactions between the campaign and Russian officials, yet determined there wasn’t sufficient proof of a criminal conspiracy.

Donald Trump standing in front of a white wall.

Donald Trump has persistently labeled the investigation that Comey led into his 2016 campaign as a “witch hunt”. Source: AAP / Yuri Gripas/ABACA/Sipa USA

Trump repeatedly attacked the investigation as a “witch hunt” and his second administration has sought to undermine conclusions by US intelligence and law enforcement agencies about the alleged Russian interference in the 2016 presidential election in which Trump defeated Democratic rival Hillary Clinton.

What are the charges about?

Since Trump returned to office last January, the justice department has been examining Comey’s 2020 testimony when he addressed Republican criticisms of the Russia investigation and denied that he had authorised disclosures of sensitive information to the news media.

The indictment alleges that Comey misled Congress by claiming he had not authorised anyone else to be an anonymous source in news reporting about an FBI investigation.

The charges breach decades-long norms that have sought to insulate US law enforcement from political pressures.

The federal prosecutor in Virginia responsible for the case resigned last week after angering Trump by voicing skepticism about it. Other office insiders have privately indicated that the evidence falls short of justifying criminal charges, according to those familiar with the situation.

How has James Comey responded?

Comey, in a video posted on Instagram, said: “My heart is broken for the Department of Justice, but I have great confidence in the federal judicial system, and I’m innocent. So, let’s have a trial and keep the faith.”

His attorney, Patrick J Fitzgerald, said in a statement: “Jim Comey denies the charges filed today in their entirety. We look forward to vindicating him in the courtroom.”