Federal prosecutors preparing to seek an indictment against former FBI Director James Comey for allegedly lying to Congress have just days left before the statute of limitations expires — one of several hurdles the Justice Department faces in pursuing its case against Comey.

The case against Comey, at least for now, centers on the remarks he made during his testimony before the Senate Intelligence Committee in a Sept. 30, 2020, hearing focused on the origins of the so-called ‘Crossfire Hurricane’ probe. 

This could be tricky for two reasons. First, prosecutors have little time to make their case for perjury, which appears to be the basis of the probe.

That charge carries a five-year statute of limitations — giving prosecutors until Tuesday to impanel a federal grand jury, present their case and secure an indictment from at least 12 jurors before the deadline expires.

The second is there could be internal resistance from career federal prosecutors, who may refuse to present the case. 

ABC News reported Wednesday that a group of prosecutors gave acting U.S. Attorney Lindsey Halligan — a former defense lawyer for President Donald Trump who was installed last week as acting head of the Eastern District of Virginia — a ‘detailed memo’ recommending she decline to bring perjury and obstruction charges against Comey.

They noted that a months-long investigation into Comey’s remarks, launched earlier this year, failed to establish probable cause for a crime.

They also reportedly reminded Halligan that DOJ guidelines generally bar prosecutors from filing charges unless they can show the individual is ‘more likely than not to be found guilty beyond a reasonable doubt by an unbiased trier of fact and that the conviction will be upheld on appeal.’

Halligan, however, is free to override their concerns — despite any internal pushback the decision might cause.

Beyond that, prosecutors must also establish probable cause for perjury charges.

Perjury is a ‘very difficult crime for DOJ to prove,’ John Fishwick, the former U.S. attorney for the Western District of Virginia, told Fox News Digital.

That’s largely because prosecutors must not only prove the statement was false, but also that the defendant knew it was false at the time, Fishwick said. ‘Because of the difficulty of proof, it is not often pursued.’

The probe into Comey, for now, focuses on his testimony before the Senate Judiciary Committee during a Sept. 30, 2020, hearing on the FBI’s handling of the so-called ‘Crossfire Hurricane’ probe, which examined Trump-Russia allegations.

That investigation found no coordination and has itself been reviewed twice by the Justice Department.

During the 2020 hearing, Comey was asked by Sen. Lindsey Graham, R-S.C., if he could recall a September 2016 referral to the FBI about Hillary Clinton’s ‘approval of a plan’ involving ‘[Trump] and Russian hackers hampering U.S. elections as a means of distracting the public from her use of a private email server.’

Comey’s response — ‘that doesn’t ring any bells with me’ — was pilloried by Republicans, including Graham, who called the answer ‘stunning.’

Comey later said it was because the FBI, at the time, had already been looking into the matter for months (an assertion later backed by Special Counsel John Durham, who was tapped by then-U.S. Attorney General Bill Barr to investigate the origins of the Crossfire Hurricane probe).

News of the probe comes days after Erik Siebert was forced to resign from his role as the U.S. attorney for the Eastern District of Virginia, prompting Trump to install Halligan in his place.

Trump also took to Truth Social to urge Attorney General Pam Bondi to investigate Comey. ‘JUSTICE MUST BE SERVED,’ he said. 

The looming indictment, which could come as early as Thursday, is the latest chapter in the years-long dispute between Trump and Comey, whom Trump fired in 2017, about five years into his 10-year term.

Comey, for his part, accused Trump shortly after leaving the FBI of demanding a ‘loyalty pledge’ from him, which he said he refused. 

He has remained an outspoken Trump critic and used a portion of his memoir, ‘A Higher Loyalty,’ to take aim at the former president.

Trump has continued to assail Comey and scrutinize his tenure at the FBI.

Fox News reported earlier this year that the FBI launched criminal investigations into Comey and former CIA Director John Brennan for allegedly making false statements to Congress.

Former FBI Director James Comey was indicted by a grand jury on alleged false statement and obstruction of justice charges, Fox News Digital has learned.

Fox News Digital exclusively reported in July that Comey was under criminal investigation by the FBI. The probe into Comey centered on whether he lied to Congress during his Sept. 30, 2020, testimony about his handling of the original Trump–Russia probe at the FBI, known inside the bureau as ‘Crossfire Hurricane.’

Fox News Digital also exclusively reported that former CIA Director John Brennan is under criminal investigation related to the Trump–Russia probe. 

Under federal law, prosecutors have five years to bring a charge, with the five-year mark occurring Tuesday.

The case is being handled by the U.S. Attorney’s Office for the Eastern District of Virginia.

Former Special Counsel Robert Mueller was appointed to take over the FBI’s original ‘Crossfire Hurricane’ investigation. After nearly two years, Mueller’s investigation, which concluded in March 2019, yielded no evidence of criminal conspiracy or coordination between the Trump campaign and Russian officials during the 2016 presidential election.

Shortly after, John Durham was appointed as special counsel to investigate the origins of the ‘Crossfire Hurricane’ probe.

Durham found that the FBI ‘failed to act’ on a ‘clear warning sign’ that the bureau was the ‘target’ of a Clinton-led effort to ‘manipulate or influence the law enforcement process for political purposes’ ahead of the 2016 presidential election.

‘The aforementioned facts reflect a rather startling and inexplicable failure to adequately consider and incorporate the Clinton Plan intelligence into the FBI’s investigative decision-making in the Crossfire Hurricane investigation,’ Durham’s report states.

‘Indeed, had the FBI opened the Crossfire Hurricane investigation as an assessment and, in turn, gathered and analyzed data in concert with the information from the Clinton Plan intelligence, it is likely that the information received would have been examined, at a minimum, with a more critical eye,’ the report continued.

Durham, in his report, said the FBI ‘failed to act on what should have been—when combined with other incontrovertible facts— a clear warning sign that the FBI might then be the target of an effort to manipulate or influence the law enforcement process for political purposes during the 2016 presidential election.’

Fox News’ David Spunt contributed to this report. 

President Donald Trump, while signing executive orders in the Oval Office Thursday, went off-script to criticize Rep. Jasmine Crockett, D-Texas, calling her ‘a very low IQ person’ and questioning her role in Congress.

‘Recently, Jasmine Crockett. Yes, yes, I remember what I said. Is she any relation to the late, great Davy Crockett? I don’t think so,’ Trump told assembled reporters. 

‘Let me tell you before you even ask. She’s a very low IQ person. I mean, if we ever had to pass an aptitude test, that’s the one [who] should take one. … This is a low IQ person who I can’t even believe is a congressperson,’ he said.

‘Between her and Ilhan Omar [D-Minn.]… and, you know, I met the head of Somalia. Did you know that? And I suggested that maybe he’d like to take her back. And he said, ‘I don’t want her,’’ Trump said.

The president’s comments came as he addressed reporters during a proclamation and executive order signing, where his remarks shifted from the day’s policy agenda to sharp critiques of Democrat lawmakers.

Trump grouped Crockett with Omar, reviving criticism he has often directed at members of the so-called progressive ‘Squad.’

His anecdote about suggesting to Somalia’s leader that Omar, who was born in Mogadishu, be ‘taken back’ drew laughter from some in the room.

Crockett, a freshman Democrat from Texas, has quickly gained visibility for her combative style during House hearings and for her clashes with Republicans. 

Omar, meanwhile, has long been a target of Trump’s criticism over her pro-Palestinian views and outspoken progressive agenda.

A senior House Republican is arguing that sanctioning Russia would be key to neutralizing one of the biggest challenges facing Ukraine as it fights for its sovereignty. 

The push by Rep. Mike Turner, R-Ohio, the former chairman of the House Intelligence Committee, comes as Congress wrestles with legislation that would expand sanctions and slap tariffs on countries buying Russian energy. Supporters say the measures are overdue to undermine Russia’s war economy, while skeptics warn they could strain U.S. alliances and global markets.

‘With the right support, Ukraine could be successful, and Russia’s aggression could be defeated,’ Turner, who recently returned from a bipartisan trip to Ukraine, told a small group of reporters Thursday. 

‘In the presentations that I received, there is no question that the most significant challenge in this conflict is Russia’s ability to continue its industrial production.’

He added that military and other assistance that Russia is getting from China, Iran and North Korea is also keeping Moscow afloat.

‘We have to impact their ability for production. It is not just their ability currently for production, but is even the projections in the future,’ Turner said. ‘Right now, their economic engine is fueling their war engine.’

Russia launched a full-scale invasion of Ukraine in February 2022. Russian President Vladimir Putin believed Kyiv would fall in a matter of days. However, that estimate has long since been shattered, and the two countries have since engaged in the bloodiest land war in Europe since World War II.

Moscow’s troops have since taken over parts of Donbas in eastern Ukraine and have held Ukraine’s Crimea territory since 2014.

President Donald Trump, who has met with leaders on both sides, gave Kyiv an enthusiastic vote of confidence earlier this week after speaking at the United Nations General Assembly.

‘After getting to know and fully understand the Ukraine/Russia Military and Economic situation and, after seeing the Economic trouble it is causing Russia, I think Ukraine, with the support of the European Union, is in a position to fight and WIN all of Ukraine back in its original form,’ he posted on Truth Social.

‘With time, patience, and the financial support of Europe and, in particular, NATO, the original Borders from where this War started, is very much an option. Why not? Russia has been fighting aimlessly for three and a half years a War that should have taken a Real Military Power less than a week to win.’

Asked at one point about the Ukrainians’ assessment of Russia’s offensive this past summer, Turner said the front lines moved very little.

‘The Russian casualties, daily, are enormous. And that is sobering. The production of weapons by Russia is the only difference that’s allowing this aggression to continue,’ he said. ‘The economics of Russia to continue to be able to sell oil and energy is floating their ability to continue this aggression against Ukraine.’

China was the largest global customer of Russia’s fossil fuels as of August 2025, followed by India and Turkey, according to the Centre For Research on Energy and Clean Air.

And while much of Europe has sharply cut its reliance on Russian energy, it does still rely on Moscow for some supplies, according to the New York Times.

The U.S. has already levied a wide array of sanctions on Russian entities, imports and individuals since the war began. 

But legislation being led by Sen. Lindsey Graham, R-S.C., and Rep. Brian Fitzpatrick, R-Pa., would go further, giving Trump wide discretion to levy more sanctions and heavy tariffs on countries that import Russian energy, among other measures.

Speaker Mike Johnson, R-La., said in a recent interview on CBS News’ ‘Face The Nation’ that he was supportive of sanctioning Russia, though he did not endorse the bill specifically.

‘I think appropriate sanctions on Russia are far overdue. I mean, I think there’s a big appetite for that in Congress, so we’re willing to work with the White House and our Senate colleagues in the House to get that done,’ he said.

When asked by Fox News Digital if he believed Congress could act without Trump’s green light, however, Turner said, ‘I don’t think the president has indicated that there’s a red light on moving forward with sanctions.’

Fox News Digital reached out to the White House for the president’s thoughts but did not hear back by press time.

Former FBI Director James Comey was indicted by a grand jury on two counts, alleged false statements within jurisdiction of the legislative branch and obstruction of congressional proceeding, Fox News Digital has learned.

Fox News Digital exclusively reported in July that Comey was under criminal investigation by the FBI. The probe into Comey centered on whether he lied to Congress during his Sept. 30, 2020, testimony about his handling of the original Trump–Russia probe at the FBI, known inside the bureau as ‘Crossfire Hurricane.’

‘No one is above the law,’ Attorney General Pam Bondi said on X. ‘Today’s indictment reflects this Department of Justice’s commitment to holding those who abuse positions of power accountable for misleading the American people. We will follow the facts in this case.’

FBI Director Kash Patel took to X to say, ‘Today, your FBI took another step in its promise of full accountability.’

‘For far too long, previous corrupt leadership and their enablers weaponized federal law enforcement, damaging once proud institutions and severely eroding public trust,’ Patel wrote. ‘Every day, we continue the fight to earn that trust back, and under my leadership, this FBI will confront the problem head-on. Nowhere was this politicization of law enforcement more blatant than during the Russiagate hoax, a disgraceful chapter in history we continue to investigate and expose.

‘Everyone, especially those in positions of power, will be held to account – no matter their perch.’

The indictment alleges that Comey obstructed a congressional investigation into the disclosure of sensitive information in violation of 18 USC 1505.

The indictment also alleges Comey made a false statement when he stated he did not authorize someone at the FBI to be an anonymous source. According to the indictment, that statement was false. 

Fox News Digital also exclusively reported that former CIA Director John Brennan is under criminal investigation related to the Trump–Russia probe. 

Under federal law, prosecutors have five years to bring a charge, with the five-year mark occurring Tuesday.

The case is being handled by the U.S. Attorney’s Office for the Eastern District of Virginia.

‘JUSTICE IN AMERICA!’ President Trump posted to his Truth Social account. ‘One of the worst human beings this Country has ever been exposed to is James Comey, the former Corrupt Head of the FBI. Today he was indicted by a Grand Jury on two felony counts for various illegal and unlawful acts.

‘He has been so bad for our Country, for so long, and is now at the beginning of being held responsible for his crimes against our Nation. MAKE AMERICA GREAT AGAIN!’ 

The FBI opened its Trump-Russia probe in July 2016, known inside the bureau as ‘Crossfire Hurricane.’ 

President Trump, during his first term, fired Comey in May 2017. 

Days later, Robert Mueller was appointed special counsel to take over the FBI’s original ‘Crossfire Hurricane’ investigation.

After nearly two years, former Special Counsel Robert Mueller’s investigation, which concluded in March 2019, yielded no evidence of criminal conspiracy or coordination between the Trump campaign and Russian officials during the 2016 presidential election.

Shortly after, John Durham was appointed as special counsel to investigate the origins of the ‘Crossfire Hurricane’ probe.

Durham found that the FBI ‘failed to act’ on a ‘clear warning sign’ that the bureau was the ‘target’ of a Clinton-led effort to ‘manipulate or influence the law enforcement process for political purposes’ ahead of the 2016 presidential election.

‘The aforementioned facts reflect a rather startling and inexplicable failure to adequately consider and incorporate the Clinton Plan intelligence into the FBI’s investigative decision-making in the Crossfire Hurricane investigation,’ Durham’s report states.

‘Indeed, had the FBI opened the Crossfire Hurricane investigation as an assessment and, in turn, gathered and analyzed data in concert with the information from the Clinton Plan intelligence, it is likely that the information received would have been examined, at a minimum, with a more critical eye,’ the report continued.

Durham, in his report, said the FBI ‘failed to act on what should have been — when combined with other incontrovertible facts — a clear warning sign that the FBI might then be the target of an effort to manipulate or influence the law enforcement process for political purposes during the 2016 presidential election.’

Fox News’ David Spunt contributed to this report. 

New York, NY – As President Donald Trump’s new peace plan circulates at the United Nations, Israel launched long-range strikes deep inside Yemen, hitting targets more than 2,000 kilometers from home and underscoring how volatile the Middle East remains even as diplomacy plays out in New York.

Trump unveiled a 21-point initiative to end the Gaza war during meetings with Arab leaders on the sidelines of the United Nations General Assembly this week. 

A White House official, speaking on background, told Fox News Digital, ‘The President underscored his desire to bring fighting in Gaza to an expeditious close. Special envoy Witkoff summarized the U.S. plan for Gaza, including the return of all hostages living and deceased, no further attacks on Qatar, a new dialogue between Israel and Palestinians for peaceful coexistence and more.

‘Foreign partners expressed broad agreement that President Trump was the only one who could end the fighting in Gaza and expressed the hope that they could work together with Special Envoy Witkoff to consider the President’s plan as Americans continue to engage with Israeli officials,’ the White House official added. 

Arab officials told Fox News Digital that, during the meeting, leaders pressed Trump to confirm he would block Israeli annexation of the West Bank, describing the discussion as ‘productive.’

Speaking at the Concordia Annual Summit in New York, U.S. special envoy for the Middle East Steve Witkoff also described a ‘very productive’ meeting Tuesday between Trump and officials from Saudi Arabia, the United Arab Emirates, Qatar, Egypt, Jordan, Turkey, Indonesia and Pakistan.

‘We presented what we call the Trump 21-point plan for peace in the Middle East,’ Witkoff said. ‘I think it addresses Israeli concerns as well as concerns of neighbors in the region.’

Palestinian Authority President Mahmoud Abbas, speaking in a recorded UNGA address after being barred from entry to the U.S., also signaled support. 

‘We declare that we are ready to work with U.S. President Donald Trump and with the Kingdom of Saudi Arabia and France, the United Nations and all partners to implement the peace plan that was approved in the conference that was held on the 22nd of September, in a way that would lead towards a just peace and regional cooperation,’ Abbas said.

Abbas added that the PA is prepared to take over security and governance in Gaza, while Hamas must disarm. 

‘The dawn of freedom will emerge, and the flag of Palestine will fly high in our skies as a symbol of dignity, steadfastness and being free from the yoke of occupation,’ he said. ‘Palestine is ours. Jerusalem is the jewel of our hearts and our eternal capital. We will not leave our homeland. We will not leave our lands.’

Israeli Prime Minister Benjamin Netanyahu, before departing for New York, where he is scheduled to address the UNGA Friday, said without directly commenting on the 21-point proposal, ‘In Washington, I will meet for the fourth time with President Trump, and I will discuss with him the great opportunities our victories have brought, as well as our need to complete the war’s objectives: to return all of our hostages, to defeat Hamas and to expand the circle of peace that has come our way following the historic victory.’

Even as Trump pushed diplomacy in New York, Israel expanded its campaign against Iran-backed militias. The IDF confirmed Thursday it carried out a wide wave of airstrikes against Houthi targets in Sana’a, Yemen, less than 24 hours after a Houthi drone slammed into a hotel in Eilat, wounding 24 people, two of them seriously.

Saudi and Israeli media reported more than 10 strikes during the Houthis’ weekly address, targeting command centers, intelligence headquarters and military compounds. Israeli officials estimate over 50 militants were killed. The IDF said the operation involved dozens of aircraft and long-range refueling, marking Israel’s 15th strike in Yemen since the war began.

Defense Minister Israel Katz said the raids, carried out under the code name Package Delivered, dealt a heavy blow. 

‘We struck numerous terror targets of the Houthi regime in Sana’a, eliminating dozens of operatives and destroying stockpiles of drones and weapons,’ Katz declared. ‘As I promised yesterday — those who harm us will be harmed sevenfold.’

President Trump reacted to the indictment of former FBI Director James Comey, telling Fox News Digital during an exclusive interview that he ‘placed a cloud over the entire nation’ with the bureau’s ‘Crossfire Hurricane’ probe.

Comey, on Thursday evening, was indicted by a grand jury on two counts, alleged false statements within jurisdiction of the legislative branch and obstruction of congressional proceeding.

‘What they did was so terrible and so corrupt,’ Trump told Fox News Digital, referring to those involved in the Trump-Russia probe. ‘We had a great administration, though.’

Former Deputy Assistant Director of Counterintelligence Peter Strzok formally opened the Trump-Russia investigation, known inside the bureau as ‘Crossfire Hurricane’ on July 31, 2016.

Trump fired Comey in May 2017. Days later Special Counsel Robert Mueller was appointed to take over the Crossfire Hurricane probe.

‘He is a very corrupt person. He was absolutely a terrible man for what this country stood for,’ Trump told Fox News Digital.

‘Comey placed a cloud over the entire nation, and actually, the Russia, Russia, Russia hoax made it very difficult,’ Trump said. ‘It could have caused wars.’

Fox News Digital exclusively reported in July that Comey was under criminal investigation by the FBI. 

Fox News Digital also exclusively reported that former CIA Director John Brennan is under criminal investigation related to the Trump–Russia probe. 

When asked whether Brennan should be charged as well, the president told Fox News Digital: ‘We’ll have to see what happens.’

‘It is up to the Justice Department, but I can tell you, it is a group of people that was very disappointing,’ the president said. ‘This makes Watergate look like peanuts.’ 

He added: ‘They tried to destroy our country.’

Comey’s case is being handled by the U.S. Attorney’s Office for the Eastern District of Virginia.

The indictment alleges that Comey obstructed a congressional investigation into the disclosure of sensitive information in violation of 18 USC 1505.

The indictment also alleges Comey made a false statement when he stated he did not authorize someone at the FBI to be an anonymous source. According to the indictment, that statement was false. 

His arraignment is set for 10 a.m. on Oct. 9, in Alexandria Courtroom 600 before District Juge Michael S. Nachmanoff.

‘No one is above the law,’ Attorney General Pam Bondi said on X. ‘Today’s indictment reflects this Department of Justice’s commitment to holding those who abuse positions of power accountable for misleading the American people. We will follow the facts in this case.’

FBI Director Kash Patel took to X to say, ‘Today, your FBI took another step in its promise of full accountability.’

‘For far too long, previous corrupt leadership and their enablers weaponized federal law enforcement, damaging once proud institutions and severely eroding public trust,’ Patel wrote. ‘Every day, we continue the fight to earn that trust back, and under my leadership, this FBI will confront the problem head-on. Nowhere was this politicization of law enforcement more blatant than during the Russiagate hoax, a disgraceful chapter in history we continue to investigate and expose.

‘Everyone, especially those in positions of power, will be held to account – no matter their perch.’

Meanwhile, after nearly two years, former Special Counsel Robert Mueller’s investigation, which concluded in March 2019, yielded no evidence of criminal conspiracy or coordination between the Trump campaign and Russian officials during the 2016 presidential election.

Shortly after, John Durham was appointed as special counsel to investigate the origins of the ‘Crossfire Hurricane’ probe.

Durham found that the FBI ‘failed to act’ on a ‘clear warning sign’ that the bureau was the ‘target’ of a Clinton-led effort to ‘manipulate or influence the law enforcement process for political purposes’ ahead of the 2016 presidential election.

‘The aforementioned facts reflect a rather startling and inexplicable failure to adequately consider and incorporate the Clinton Plan intelligence into the FBI’s investigative decision-making in the Crossfire Hurricane investigation,’ Durham’s report states.

‘Indeed, had the FBI opened the Crossfire Hurricane investigation as an assessment and, in turn, gathered and analyzed data in concert with the information from the Clinton Plan intelligence, it is likely that the information received would have been examined, at a minimum, with a more critical eye,’ the report continued.

Durham, in his report, said the FBI ‘failed to act on what should have been — when combined with other incontrovertible facts — a clear warning sign that the FBI might then be the target of an effort to manipulate or influence the law enforcement process for political purposes during the 2016 presidential election.’

In an Instagram post on Thursday, Comey acknowledged that he and his family have known for years that there are costs to standing up to President Donald Trump.

‘We couldn’t imagine ourselves living any other way,’ he said. ‘We will not live on our knees and you shouldn’t.’

Fox News’ David Spunt contributed to this report.