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- COMEY: INDICTMENT, ARRAIGNMENT, A CRIMINAL CONSPIRACY?
COMEY: INDICTMENT, ARRAIGNMENT, A CRIMINAL CONSPIRACY?
THE FINAL COUNTDOWN TO ACCOUNTABILITY
TOP LINE
The indictment of former FBI Director James Comey for an alleged false statement to Congress and for obstructing its investigation may be just the beginning.
With 24 years covering the FBI and Justice Department, I believe the two-page indictment may be a holding charge, with the potential for a more complex, superseding indictment in the future that adds more counts.
This is not only possible, but plausible in Comey's case. Records recently declassified by FBI Director Kash Patel, codenamed "ARCTIC HAZE” reveal Comey’s wide-ranging media leak strategy to shape the narrative about high profile cases like the FBI’s Clinton email probe and the Trump Russia Collusion case.
To regular readers of this newsletter, this is not new. Comey also used his media leak strategy to protect his reputation after he was roundly criticized in both probes for exceeding his authority.
In a video posted on Instagram, Comey stated, “I have great confidence in the federal judicial system and I am innocent, so let's have a trial, and keep the faith.”
🚨 BREAKING: Disgraced former FBI Director James Comey responds to his indictment, reading an obvious script
“I’m innocent… I’m not afraid… Let’s have a trial.”
Yes, James. Let’s do that 😏
— Nick Sortor (@nicksortor)
12:16 AM • Sep 26, 2025
Comey’s arraignment is scheduled for October 9 at the federal courthouse in Alexandria, Virginia where terrorism and national security cases are routinely handled. Readers may wonder why this venue was selected.
I have regularly reported from the courthouse. In this instance, I suspect the venue was selected because it is more favorable than Washington D.C. and Comey allegedly lied to Congress via zoom testimony during COVID. Comey lives in Virginia.
DEEP DIVE
Four days before Comey’s indictment, I got a tip.
I was following up on a recent investigation when a trusted contact told me to expect “big news” this week. When pressed, they offered nothing further.
With additional reporting, I suspected the Comey investigation was coming to a head. The five year statute of limitations for lying to Congress expired in a matter of days.
Given there are few coincidences in Washington D.C., I also believed that a recently declassified FBI investigation codenamed ARCTIC HAZE could be part of the case. In mid-August I was among the first to report on the declassified records. I also confirmed a renewed investigative interest in the former Director’s May 2017 congressional testimony.
Under oath, Comey denied he had leaked to the media nor had he authorized others to leak information on his behalf. We discussed this testimony in an earlier newsletter.
With the newly declassified records via @FBIDirectorKash into media leaks and the role of third parties,
Director Comey’s 2017 testimony to the Senate Judiciary Committee about leaks appears problematic.
@ChuckGrassley : Director Comey have you ever been an anonymous source in
— Catherine Herridge (@C__Herridge)
1:53 AM • Aug 14, 2025
Here is the 2017 exchange:
Grassley: Director Comey have you ever been an anonymous source in news reports about matters relating to the Trump investigation or the Clinton investigation?
Comey: Never
Grassley: Have you ever authorized someone else at the FBI to be an anonymous source in news reports about the Trump investigation or the Clinton investigation?
Comey: No
Grassley: Has any classified information relating to President Trump or his associates been declassified and shared with the media?
Comey: Not to my knowledge
The ARCTIC HAZE records reinforced Comey’s legal jeopardy.
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According to the records, two years before Comey’s congressional testimony, ”In 2015, Comey instructed the FBI to hire (Daniel) Richman (a Columbia University Law Professor) as a Special Government Employee and to grant him a Top Secret clearance …Comey also used Richman as a liaison to the media.”
The memo continued, “Richman contacted journalists to correct stories critical of Comey…” and Richman “had been a source” for the New York Times that “...quoted Richman several times both on the record and on background, in stories regarding Jim Comey.”
While Comey told senators, under oath, that he had never authorized anyone at the FBI to leak to the media, the records showed Comey personally instructed the FBI to hire his friend, Richman, who acted as a de facto PR media rep for Comey and his agenda.
It is not clear from the new indictment which leak or leaks are at the heart of the Comey prosecution: the anti-Trump Russia Collusion narrative or the Clinton email probe codenamed MIDYEAR EXAM.
However, a close reading of the records suggests the leak may be related to the Clinton email case.
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