NEW: DOJ Releases Details On Comey Indictment

The U.S. Attorney’s Office for the Eastern District of Virginia has released the grand jury indictment against former FBI Director James Comey on two federal counts, one for making false statements while testifying before Congress and another for obstruction of justice.

The indictment alleges that Comey obstructed a congressional investigation into the disclosure of sensitive information in violation of 18 USC 1505. It also alleges that the former director made a false statement when he did not authorize someone at the FBI to serve as an “anonymous source” in order to leak classified materials to outlets like the New York Times.

The false statement charge appears to relate to a September 30 hearing before the U.S. Senate, in which Comey told Senator Ted Cruz (R-TX) that he did not authorize leaks to the media. The former director claimed that he had never authorized anyone within the FBI to leak classified material under “anonymous” sourcing to media outlets like the New York Times.

This contradicts a 2017 document from then-acting FBI Director Andrew McCabe, who said Comey instructed the bureau to assist the New York Times with an April 2017 article.

“The charges as alleged in this case represent a breach of the public trust at an extraordinary level,” said U.S. Attorney Lindsey Halligan. “The balance of power is a bedrock principal of our democracy, and it relies upon accountability and a forthright presentation of facts from executive leadership to congressional oversight. Any intent to avoid, evade, prevent, or obstruct compliance is a violation of professional responsibility and, most importantly, the law.”

A press release from the U.S. Attorney’s Office notes that Comey faces up to five years in prison if convicted on both counts.

The obstruction charge appears to relate to questioning of Comey by Senator Lindsey Graham (R-SC), who asked about referral U.S. intelligence agencies sent to the FBI in September 2016 indicating that Hillary Clinton’s presidential campaign hoped to distract from the controversy surrounding her use of a private email server by accusing Trump of colluding with the Russian government.

“You don’t remember getting that or being talked —,” Graham said of the referral, to which Comey replied, “That doesn’t ring any bells with me.”

The case has been assigned to U.S. District Judge Michael Nachmanoff, a Biden appointee, according to a report from Politico.