The prosecutor USA. Donald Trump in Virginia plans to ask a great jury in the coming days to accuse the former director of the FBI James Comey for allegedly lying to Congress, despite the fact that prosecutors and investigators who determine that there were no insufficient evidence to accuse him, sources with direct knowledge of the investigation told ABC News.
Earlier this week, prosecutors presented Lindsey Halligan, Trump’s former personal lawyer whom he appointed to lead the United States Prosecutor’s Office for the East District of Virginia, with a detailed memorandum that recommends that it be rejected to bring charges for perjury and obstruction against Comey, sources familiar with the memorandum said.
A one -month investigation into the prosecutors of the DOJ could not establish a probable cause of a crime, which means that they could not ensure a Comey condemnation by demonstrating the claims beyond a reasonable doubt, but that they could not reach a significantly lower standard to ensure an accusation, the sources said.

Former FBI director James Comey testifies to the Senate Intelligence Committee, Washington DC, June 8, 2017.
Mark Reinstein/Corbis through Getty Images
According Guidelines of the Department of JusticeProsecutors are generally prohibited from submitting charges unless they can prove that a defendant “is more likely to be guilty beyond a reasonable doubt by an impartial judge and that the conviction will remain in appeal.”
Despite his recommendations, Haligan, who has never prosecuted a criminal case in his career as a insurance lawyer, plans to present evidence to a large jury before the statute of limitations for the alleged crime expires next week, the sources said.
Comey’s lawyer did not immediately respond to a request for comments.
The apparent Halligan Plan to find charges against Comey follows a clear directive of Trump, who during the weekend directly requested prosecutions against Comey, Senator Adam Schiff and New York Attorney General Letitia James.
“Nothing is being done. What happens to Comey, Adam ‘Shifty’ Schiff and Leticia?” Trump wrote in a publication on social networks on Saturday night, directing directly to the attorney general Pam Bondi. “We cannot delay anymore, it is killing our reputation and credibility. They accused me twice and accused me (5 times!), More of nothing. Justice should be served, now!”

Lindsey Halligan, special assistant of the president, speaks with a reporter outside the White House, on August 20, 2025.
Jacquelyn Martin/AP, file
According to the sources, the deputy of Halligan, a prosecutor who was briefly assigned to direct the office only one day before Trump designated Haligan to the high profile position, has also expressed reservations about presenting the politically accused case.
Halligan has been seen at the headquarters of the Department of Justice in Washington, DC, at least twice this week for meetings that, in part, focused on the Comey matter, the sources said.
The United States Prosecutor’s Office in the Eastern District of Virginia, which processes most of the country’s national security cases, has been thrown into the tumult in the middle of the Trump campaign to promote the prosecutions of its political adversaries.
Erik Siebert, Trump’s previous one, resigned from the office After the sources said he refused to present charges against the New York Attorney General, Letitia James, for accusations unfounded of mortgage fraud.
Later, Trump said he “dismissed” Siebert and Halligan installed quickly In the position, while continuing to make unprecedented calls for the rapid prosecution of his political enemies.
“I just want people to act, they have to act and we want to act fast,” Trump said Saturday. “They were ruthless and vicious. I was accused twice. I was accused five times. It turned out to be a false treatment. And we have to act quickly, one way or another, one way or another: they are guilty, they are not guilty. We have to act quickly. If they are not guilty, it is fine.
Trump has long criticized Comey, who briefly served as FBI director during Trump’s first mandate, but was fired for his management of an investigation into the alleged Russian interference in the 2016 US elections.
The Department of Justice initiated an investigation into Comey earlier this year after the director of the FBI, Kash Patel, claimed to discover “burning bags” containing delicate documents at the FBI headquarters related to Russia’s investigation.
In July, the director of the CIA, John Ratcliffe, published a review that concluded that the 2016 intelligence evaluation on the alleged collusion was carried out through an atypical AND Corrupt process under politically loaded environments ”by Comey and former CIA director John Brennan.
When asked about the investigation in July, Trump told journalists that he thinks Brennan and Comey are “really bad people and dishonest people.”
“I will tell you, I think they are very dishonest people. I think they are crooked like hell. And maybe they have to pay a price for that,” Trump said.
Comey and Brennan have endured the integrity of the 2016 intelligence evaluation, arguing that their findings on Russia’s interference in the elections were reinforced by the bipartisan investigations of the Congress, as well as the investigation of former special lawyer Robert Mueller on the ties between Russia and the Trump campaign in 2016.