Former special counsel John Durham has informed federal prosecutors that he found no evidence to support charges against former FBI Director James Comey. This revelation comes as prosecutors in Virginia investigate Comey for alleged false statements and obstruction related to his testimony before Congress.
Durham, who spent nearly four years examining the origins of the FBI's investigation into President Donald Trump's 2016 campaign, met with federal prosecutors in August. Sources familiar with the meeting indicated that Durham's findings could potentially aid Comey's defense. Prosecutors in Virginia and Washington, D.C., had previously investigated Comey but concluded there were no chargeable offenses.
After a two-month investigation, Virginia prosecutors reached the same conclusion as Durham and their D.C. counterparts. They stated in a detailed memo that there was insufficient evidence to prove Comey made false statements to Congress. Despite this, Lindsey Halligan, a U.S. attorney appointed by Trump, rejected their recommendation and sought an indictment against Comey.
Last month, a grand jury indicted Comey on two counts of making false statements to Congress and obstruction, while dismissing an additional charge. Trump had previously indicated that Halligan would pursue cases against Comey and others, stating she would "get things moving."
The case against Comey is politically charged and contradicts the assessments of multiple prosecutors, including those appointed by Trump. Trump has publicly criticized the Justice Department, claiming it has been weaponized against him and his allies. "What they've done is terrible," he said after Comey's indictment, expressing hope for further charges against political opponents.
The prosecution's case centers on Comey's testimony regarding leaks to the media and his knowledge of an unverified intelligence report related to Hillary Clinton. Durham's investigation focused on whether Comey's statements were intentionally misleading. However, he concluded that there was not enough evidence to support charges based on Comey's claimed lack of memory.
During a video conference with federal prosecutors, Durham reiterated that Comey's testimony did not warrant false statements charges. The grand jury also appeared to agree, returning a no bill on one of the charges while indicting Comey on two others related to alleged leaks.
The indictment alleges that Comey used his former lawyer, Daniel Richman, to leak information about an FBI investigation into Clinton. Previous investigations by the D.C. U.S. Attorney's Office also looked into Comey's actions but ultimately decided against pursuing charges due to a lack of conclusive evidence.
Halligan defended her decision to pursue the indictment, stating that accountability is essential for democracy. Throughout his investigation, Durham brought only three criminal cases, none involving senior officials from the FBI or the Department of Justice. His final report emphasized the high threshold for initiating federal prosecutions, explaining that not all misconduct amounts to criminal offenses. "It is, rather, because not every injustice or transgression amounts to a criminal offense," Durham stated in his report, highlighting the challenges faced by prosecutors in such cases.