Justice Department Declines to Charge Former FBI Director James Comey
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- September 26, 2025
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The Justice Department has made a definitive decision: former FBI Director James Comey will not face criminal charges for allegedly leaking unclassified memos about his conversations with then-President Donald Trump. This conclusion follows an exhaustive internal review, despite a Justice Department Inspector General's report that had referred Comey for potential prosecution due to his handling of sensitive government documents.
The Inspector General's 2019 report had meticulously detailed how Comey violated FBI policies by retaining several memos he authored about his interactions with President Trump and subsequently sharing some of their contents with a friend.
This friend then provided the information to a reporter. The IG's findings highlighted that Comey, while no longer FBI director, effectively orchestrated the release of sensitive government information, albeit unclassified, to the press. These actions, the report concluded, skirted established FBI protocols regarding the safekeeping and disclosure of official records.
Crucially, the IG report found that Comey withheld copies of these official memos from the FBI after his dismissal and even utilized a private attorney to facilitate the sharing of information, further complicating the chain of custody and accountability.
While the Inspector General identified clear policy breaches, the ultimate decision on criminal prosecution rested with the Justice Department's internal legal review team.
After a thorough examination of the evidence and applicable statutes, the Justice Department concluded that there was insufficient basis to bring criminal charges against Comey.
This decision was communicated to Comey's legal team, bringing an end to a high-profile inquiry that spanned years and drew significant political attention.
This outcome is a considerable setback for President Trump and his allies, who had vehemently called for Comey's prosecution following his firing in 2017.
Trump had frequently accused Comey of lying to Congress and illegally leaking classified information. However, the Justice Department's determination underscores the high bar for proving criminal intent in such cases, especially when the information shared was not deemed classified.
James Comey has consistently maintained that he did not leak classified material and that his actions were intended to prompt the appointment of a special counsel to investigate Russian interference in the 2016 election, believing it was in the public interest.
He argued that the memos were his personal recollections and not official government documents at the time he created them, though the IG report contested aspects of this claim regarding their official nature. The Justice Department's decision effectively closes this chapter of legal scrutiny for the former FBI chief.
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