Trump appointed longtime aide Lindsey Halligan to lead the case.
Donald Trump’s handpicked U.S. attorney in Virginia is planning to ask a grand jury in the coming days to indict former FBI Director James Comey for allegedly lying to Congress, despite prosecutors and investigators determining there was insufficient evidence to charge him, sources with direct knowledge of the probe told ABC News.
Earlier this week, prosecutors presented Lindsey Halligan -- Trump’s former personal attorney whom he appointed to lead the United States Attorney’s Office for the Eastern District of Virginia -- with a detailed memo recommending that she decline to bring perjury and obstruction charges against Comey, the sources familiar with the memo said.
A monthslong investigation into Comey by DOJ prosecutors failed to establish probable cause of a crime -- meaning that not only would they be unable to secure a conviction of Comey by proving the claims beyond a reasonable doubt, but that they couldn’t reach a significantly lower standard to secure an indictment, the sources said.
Former FBI Director James Comey testifies before the Senate Intelligence Committee, Washington D.C., June 8, 2017. Mark Reinstein/Corbis via Getty Images
According to Justice Department guidelines, prosecutors are generally barred from bringing charges unless they can prove a defendant will "more likely than not be found guilty beyond a reasonable doubt by an unbiased trier of fact and that the conviction will be upheld on appeal."
Despite their recommendations, Halligan -- who has never prosecuted a criminal case in her career as an insurance lawyer -- plans to present evidence to a grand jury before the statute of limitations for the alleged offense expires next week, the sources said.
Comey's attorney did not immediately respond to a request for comment.
Halligan’s apparent plan to seek charges against Comey follows a clear directive from Trump, who over the weekend directly called for prosecutions against Comey, Sen. Adam Schiff and New York Attorney General Letitia James.
"Nothing is being done. What about Comey, Adam ‘Shifty’ Schiff, and Leticia???" Trump wrote in a social media post on Saturday evening, directly addressing Attorney General Pam Bondi. "We can’t delay any longer, it’s killing our reputation and credibility. They impeached me twice, and indicted me (5 times!), OVER NOTHING. JUSTICE MUST BE SERVED, NOW!!!"
Lindsey Halligan, special assistant to the president, speaks with a reporter outside of the White House, Aug. 20, 2025. Jacquelyn Martin/AP, FILE
According to sources, Halligan’s deputy -- a prosecutor who was briefly assigned to lead the office just a day before Trump appointed Halligan to the high-profile position -- has also expressed reservations about bringing the politically charged case.
Halligan has been spotted at DOJ headquarters in Washington, D.C., at least twice this week for meetings which, in part, centered around the Comey matter, sources said.
The United States Attorney’s office in the Eastern District of Virginia -- which prosecutes the bulk of the country’s national security cases -- has been thrown into tumult amid Trump’s campaign to push for prosecutions of his political adversaries.
Erik Siebert, Trump’s previous nominee to the position, resigned from the office after sources said he refused to bring charges against New York Attorney General Letitia James over unfounded allegations of mortgage fraud.
Trump later claimed he "fired" Siebert and quickly installed Halligan into the position, as he continued to make unprecedented calls for the speedy prosecution of his political foes.
"I just want people to act, they have to act, and we want to act fast," Trump said on Saturday. "They were ruthless and vicious. I was impeached twice. I was indicted five times. It turned out to be a fake deal. And we have to act fast, one way or the other, one way or the other: they're guilty, they're not guilty. We have to act fast. If they're not guilty, that's fine. If they are guilty, or if they should be charged, they should be judged. And we have to do it now."
Trump has long criticized Comey, who briefly served as the director of the FBI during Trump’s first term but was fired over his handling of an investigation into alleged Russian interference in the 2016 U.S. election.
The Department of Justice launched an investigation into Comey earlier this year after FBI Director Kash Patel claimed to discover "burn bags" containing sensitive documents at the FBI headquarters related to the Russia probe.
In July, CIA Director John Ratcliffe released a review that concluded the 2016 intelligence assessment over alleged collusion was “conducted through an atypical & corrupt process under the politically charged environments” of Comey and former CIA Director John Brennan.
When asked about the probe in July, Trump told reporters he believes Brennan and Comey are "truly bad people and dishonest people."
"I will tell you, I think they're very dishonest people. I think they're crooked as hell. And, maybe they have to pay a price for that," Trump said.
Comey and Brennan have both stood by the integrity of the 2016 intelligence assessment, arguing its findings on Russia's interference in the election were bolstered by bipartisan congressional investigations as well as former special counsel Robert Mueller's investigation on ties between Russia and Trump's 2016 campaign.
