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Here’s How Much Time James Comey Might Serve In Prison
Lock him up?
I sure hope so.
But how much time could James Comey possibly serve after being indicted on two federal charges?
Glad you asked!
Because I have the answer for you and I’ll get right into it…
James Comey has been indicted on two federal charges:
One count of making false statements (under 18 U.S.C. § 1001)
One count of obstruction of a congressional proceeding (under 18 U.S.C. § 1505)
Each charge carries a statutory maximum penalty of 5 years in prison.
If the sentences are imposed consecutively, the maximum prison time he could face is 10 years.
However, actual sentences are often less than the maximum and depend on:
Federal sentencing guidelines
Judicial discretion
Whether terms run concurrently or consecutively
I thought Newsweek added some nice color here:
Legal Meaning of the Charges
Under 18 U.S.C. § 1001(a)(2), it states that is a crime to knowingly and willfully make materially false statements to Congress or any branch of the federal government.
Prosecutors must show that Comey’s statements were false, that he knew they were false at the time, and that the information could influence the legislative inquiry.
The obstruction charge (18 U.S.C. § 1505) requires proof that Comey acted “corruptly” to influence or impede a congressional investigation.
Legal experts note that proving intent can be challenging; “even if James Comey got things wrong, that doesn’t mean that he knowingly or intentionally lied to Congress,” Loyola Law School professor Laurie Levenson told BBC News.
Process and Reaction
Comey said: “My heart is broken for the Department of Justice, but I have great confidence in the federal judicial system, and I’m innocent, so let’s have a trial,” he said in a video statement.
His attorney, Patrick Fitzgerald, said they looked forward to “vindicating him in the courtroom.”
If convicted, Comey faces a maximum of five years on each count, though sentencing guidelines and judicial discretion would influence any penalty.
Consequences
Beyond potential prison time and fines, the case carries institutional implications. It tests the Justice Department’s independence from presidential influence—a concern raised by career prosecutors who reportedly opposed the indictment. It also places new focus on the accuracy of sworn congressional testimony by senior officials.