Former FBI director James Comey indicted

The latest: Comey was issued with a summons to appear before U.S. District Jugde Michael Nachmanoff for arraignment in the Eastern District of Virginia on Oct. 9, per court documents.

• "I am not afraid," Comey said in a video posted to his Instagram account. "Somebody that I love dearly recently said that fear is the tool of a tyrant and she's right. But I'm not afraid, and I hope you're not either."

Of note: "'JUSTICE IN AMERICA! One of the worst human beings this Country has ever been exposed to is James Comey, the former Corrupt Head of the FBI," Trump said in a Truth Social post.

• "Today he was indicted by a Grand Jury on two felony counts for various illegal and unlawful acts. He has been so bad for our Country, for so long, and is now at the beginning of being held responsible for his crimes against our Nation."

Driving the news: Comey is accused of obstructing a congressional investigation into the disclosure of sensitive information, according to a Department of Justice statement announcing the indictment.

• The charges relate to testimony Comey gave during a Senate Judiciary Committee hearing on Sept. 30, 2020.
• "The indictment also alleges that Comey made a false statement," per the DOJ.
• "Comey stated that he did not authorize someone at the FBI to be an anonymous source. According to the indictment that statement was false."

State of play: The indictment was brought in the final days before the statute of limitations was set to expire.

• The Justice Department's decision comes shortly after Erik Siebert, a former U.S. Attorney in Virginia, resigned from his position. Siebert oversaw the cases against Comey and New York Attorney General Leticia James (D).
• Siebert had expressed doubts about the cases and declined to bring forward criminal charges against Comey or James. Trump told reporters on Sept. 19 that he "wanted [Siebert] out," prompting the attorney's resignation hours later.
• Trump later claimed he fired Siebert from the post, and replaced him with Lindsey Halligan, one of his former personal lawyers, as acting U.S. Attorney for the Eastern District of Virginia.

Catch up quick: Trump abruptly fired Comey in 2017, initially citing his handling of Hillary Clinton's use of a private email server, but later admitted he did so because of the Russian collusion probe.

• The firing led to Robert Mueller's appointment as special counsel, whose report documented dozens of links between Trump campaign officials and Russian operatives, but stopped short of charging a criminal conspiracy.

• After leaving office, Comey leaked memos he'd kept detailing his interactions with Trump — records that later became central to obstruction of justice questions.
• In 2020, Comey testified before Congress to defend the FBI's 2016 "Crossfire Hurricane" investigation into possible ties between the Trump Campaign and Russia, where Republican senators accused him of lying about authorized leaks.
• Comey maintained in testimony that he was truthful under oath.

What they're saying: FBI director Kash Patel said on X: "For far too long, previous corrupt leadership and their enablers weaponized federal law enforcement, damaging once proud institutions and severely eroding public trust."

• "Nowhere was this politicization of law enforcement more blatant than during the Russiagate hoax, a disgraceful chapter in history we continue to investigate and expose," he added.
• "Everyone, especially those in positions of power, will be held to account - no matter their perch."

Attorney General Pam Bondi also said that no one is above the law.

• "Today's indictment reflects this Department of Justice's commitment to holding those who abuse positions of power accountable for misleading the American people," she said on X. We will follow the facts in this case."

What's next: Comey is expected to appear in federal court in Virginia in the coming days to be arraigned.

More from Axios:

• Read Comey's indictment
• Comey on indictment: "I'm not afraid"
• Comey v. Trump: What to know about their years-long feud

Editor's note: This is a breaking news story. Please check back for updates.

Rebecca Falconer contributed reporting.