Ex-special counsel John Durham undercut case against James Comey in interview with prosecutors: Sources [View all]

Source: ABC News

Ex-special counsel John Durham undercut case against James Comey in interview with prosecutors: Sources

As special counsel, Durham investigated the origins of the FBI's Russia probe.

By Katherine Faulders, Alexander Mallin and Peter Charalambous
October 6, 2025, 5:04 AM ET

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John Durham, the former special counsel who spent nearly four years examining the origins of the FBI investigation into President Donald Trump's 2016 presidential campaign and its alleged ties to Russia, told federal prosecutors investigating James Comey that he was unable to uncover evidence that would support false statements or obstruction charges against the former FBI director, sources familiar with the matter told ABC News.

Federal prosecutors in Virginia met remotely with Durham in August to understand the findings of his investigation, according to sources familiar with the meeting, and his conclusions raise the prospect that Durham -- who was once elevated by Trump and other Republicans believing he would prosecute high-level officials involved with the investigation of the president's 2016 campaign -- could now become a key figure aiding Comey's defense. … The prosecutors also met with a team of lawyers at the U.S. Attorney's Office in Washington, D.C., who had investigated Comey for years -- including calling him to testify before a grand jury in 2021 -- but were unable to identify any chargeable offenses committed by Comey, sources familiar with the meeting said.

After conducting their own two-month investigation, prosecutors in Virginia reached the same conclusion as both Durham and the D.C. prosecutors: They'd be unable to prove Comey made false statements to Congress to obstruct their investigation. Presenting their findings in a lengthy declination memo, the prosecutors explicitly mentioned the two other investigations to bolster their recommendation that probable cause does not exist to charge Comey, according to sources familiar with the contents of the memo.

Lindsey Halligan -- a former insurance lawyer hand-picked by Trump to serve as U.S. attorney for the Eastern District of Virginia -- promptly rejected that recommendation and sought a three-count indictment against Comey. Last month, a grand jury voted to indict Comey on two charges of making a false statement to Congress and obstruction, while rejecting an additional false statements count sought by Halligan. Prior to appointing Halligan, Trump said she would "get things moving," signaling that she would bring cases against Comey and others.

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Read more: https://abcnews.go.com/amp/US/special-counsel-john-durham-undercut-case-james-comey/story?id=126164120