INDICTMENT
COUNT ONE
False statements within the jurisdiction of the legislative branch of the United States Government
[18 U.S.C. § 1001(a)(2)]
1. On or about September 30, 2020, in the Eastern District of Virginia, the defendant, JAMES
B. COMEY JR., did willfully and knowingly make a materially false, fictitious, and fraudulent statement in a matter within the jurisdiction of the legislative branch of the
Government of the United States, by falsely stating to a U.S. Senator during a Senate
Judiciary Committee hearing that he, JAMES B. COMEY JR., had not "authorized
someone else at the FBI to be an anonymous source in news reports" regarding an FBI
investigation concerning PERSON 1.
2. That statement was false, because, as JAMES B. COMEY JR. then and there knew, he in fact had authorized PERSON 3 to serve as an anonymous source in news reports regarding
an FBI investigation concerning PERSON 1.
3. All in violation of 18 U.S.C. § 1001(a)(2).
1. Lack of Candor with Then-Director Comey on or around
October 31, 2016
We concluded that McCabe lacked candor during his conversation with then-Director Comey on or about October 31, 2016, when they discussed the October 30
WSJ article. As detailed above, Comey and McCabe gave starkly conflicting accounts of this conversation. Comey said that McCabe "definitely" did not tell Comey that he had authorized the disclosure about the PADAG call. To the contrary, Comey told the OIG that, on or about October 31, McCabe led him to believe "in form or fashion" that McCabe did not authorize the disclosure about the
PADAG call to the WSJ. Comey described how McCabe gave Comey the impression that McCabe had not authorized the disclosure about the PADAG call, was not involved in the disclosure, and did not know how it happened. By contrast, McCabe asserted that he explicitly told Comey during that conversation that he authorized the disclosure and that Comey agreed it was a "good" idea.
While the only direct evidence regarding this McCabe-Comey conversation were the recollections of the two participants, there is considerable circumstantial evidence and we concluded that the overwhelming weight of that evidence supported Comey's version of the conversation. Indeed, none of the circumstantial evidence provided support for McCabe's account of the discussion; rather, we found that much of the available evidence undercut McCabe's claim.
So James Comey has been indicted for testifying, in essence, that he didn't authorize Andrew McCabe to be an anonymous media source about the Hillary Clinton email investigation—which McCabe disputes.
But a DOJ IG report examined all the circumstantial evidence and concluded McCabe was lying.