Former FBI Director James Comey has been indicted on charges of making a false statement and obstruction, related to his testimony before the Senate Judiciary Committee in 2020.
Had the Department of Justice not acted this week, the Statute of Limitations would have applied as of this coming Tuesday.
UPDATE 11:18 PM EDT --
Below are copies of the actual Indictments:
UPDATE 11:25 AM EDT --
Statutory Penalties
Maximum Fines and Imprisonment: Conviction under 18 U.S.C. § 1001 (COUNT ONE ABOVE) can result in fines and imprisonment for up to five years.
Terrorism or Sex Offenses: If the false statement involves international or domestic terrorism, certain sex offenses (including sex trafficking, chapters 109A, 109B, 110, or 117), or the intent to avoid sex offender registration, the maximum imprisonment increases to eight years.
How Sentencing Guidelines Apply
Base Offense Level: For a false statement offense, a base offense level is determined by the Sentencing Guidelines. For example, a person convicted solely of this offense would face a range from 0 to 6 months imprisonment under a hypothetical base level 6.
Aggravating Factors: The judge will consider specific factors that increase the offense level:
Obstruction of Justice: If the false statement obstructs or impedes an investigation or prosecution, the guidelines provide a cross-reference to §2J1.2 (Obstruction of Justice), potentially leading to a higher offense level.
Terrorism: For terrorism-related false statements, a 12-level increase can apply under §2J1.2(b)(1)(B).
Sex Offenses: The offense level can also be increased for false statements related to sex offenses under the relevant chapters or section.
First Step Act: The First Step Act of 2018 provides for potential leniency for non-violent offenders by allowing courts to order a sentence below mandatory minimums. However, this safety valve provision does not apply to offenses involving terrorism or certain violent sex offenses.
Count Two above:
The specific sentence for 18 U.S.C. § 1505 (COUNT TWO ABOVE) will depend on the application of several factors, primarily found under §2J1.2, the base offense level for obstruction of justice.
Base Offense Level: The offense level is determined by the severity and nature of the obstructive conduct.
Relevant Offense Characteristics (Enhancements):
Terrorism: If the obstruction relates to international or domestic terrorism, the offense level increases, potentially leading to an 8-year statutory maximum sentence.
Interference with Administration of Justice: If the conduct resulted in a substantial interference with the administration of justice, the offense level increases by 3 levels.
Causing Injury or Property Damage: Threats or actions causing physical injury to a person or property damage to obstruct justice trigger an 8-level increase.
Destruction of Evidence: Actions like destroying, altering, or fabricating a large number of documents or records can increase the offense level.
Accessory After the Fact: If the obstruction was committed to avoid punishment for a separate offense, §2X3.1 (Accessory After the Fact) may be applied for an enhanced offense level.
Statutory Maximum Penalty
The general penalty for 18 U.S.C. § 1505 is a fine and imprisonment for up to five years.
If the offense involves international or domestic terrorism, the maximum sentence can increase to eight years.
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