(WASHINGTON) — Donald Trump’s handpicked U.S. Attorney in Virginia is planning to ask a grand jury in the coming days to indict former FBI Director James Comey for allegedly lying to Congress, despite prosecutors and investigators determining there was insufficient evidence to charge him, sources with direct knowledge of the probe told ABC News.
Earlier this week, prosecutors presented Lindsey Halligan — Trump’s former personal attorney whom he appointed to lead the United States Attorney’s Office for the Eastern District of Virginia — with a detailed memo recommending that she decline to bring perjury and obstruction charges against Comey, the sources familiar with the memo said.
A monthslong investigation into Comey by DOJ prosecutors failed to establish probable cause of a crime — meaning that not only would they be unable to secure a conviction of Comey by proving the claims beyond a reasonable doubt, but that they couldn’t reach a significantly lower standard to secure an indictment, the sources said.
According to Justice Department guidelines, prosecutors are generally barred from bringing charges unless they can prove a defendant will “more likely than not be found guilty beyond a reasonable doubt by an unbiased trier of fact and that the conviction will be upheld on appeal.”
Despite their recommendations, Halligan — who has never prosecuted a criminal case in her career as an insurance lawyer — plans to present evidence to a grand jury before the statute of limitations for the alleged offense expires next week, the sources said.
Comey’s attorney did not immediately respond to a request for comment.
Halligan’s apparent plan to seek charges against Comey follows a clear directive from Trump, who over the weekend directly called for prosecutions against Comey, Sen. Adam Schiff, and New York Attorney General Letitia James.
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