Federal prosecutors are nearing a decision on potentially seeking an indictment against former FBI Director James Comey, one of President Trump's political foes, multiple sources familiar tell CBS News. Scott MacFarlane has more.

Washington

Prosecutors in the Eastern District of Virginia are nearing a decision on whether to indict former FBI Director James Comey for alleged misconduct, which Comey denies. The decision is time-sensitive, as the statute of limitations for the alleged offense is about to expire.

The case has drawn attention due to recent public pressure from President Trump for the Department of Justice to prosecute political adversaries. Legal experts note that such a move could set a precedent by eroding the traditional independence between the White House and the Justice Department, regardless of whether charges are ultimately filed or upheld.

DOJ nears decision on James Comey indictment, sources say

Sources tell CBS News prosecutors are close to a decision on whether or not to charge former FBI Director James Comey with a federal crime. It's not clear what exactly that would be, but we're hearing this just a few days after President Trump called on the DOJ to prosecute his political enemies. CBS News Justice Correspondent Scott McFarlane joins us from our Washington bureau to get the latest on all of this. Good morning, Scott. So what are you hearing about this potential indictment? They're nearing a decision in the Eastern District of Virginia whether to do this or not do this. And they have a reason to try to get to that decision soon because there's a deadline for all this, Errol. The statute of limitations for the alleged misconduct that James Comey denies is Tuesday. So if they don't have a case by Tuesday, they cannot bring a case. But this is a difficult decision, to put it mildly. The previous U.S. attorney who was appointed by President Trump was ousted allegedly because he was not moving forward with a case against James Comey. And the U.S. Justice manual is pretty clear on the standard for bringing a criminal case. You have to be confident in getting a conviction and confident it will hold up on appeal. As one former Justice Department official told me last night, there are no exploratory criminal investigations in the federal system. You bring a case when you know you have the case. So, Scott, help us understand how if this moves through, it really changes things because you've got presidential pressure on prosecutors to bring a case. But typically, historically, the facts and the evidence dictate whether or not charges are brought. So if they do bring an indictment, what precedent does that set? It's definitely going to have an impact no matter if the case is successful or the case fails. If a case is brought in the days after President Trump posted on Truth Social directly to his attorney general that he wants a criminal case against James Comey, they have shattered a norm, which is an independence between the political leaders of the White House or the White House itself and the Department of Justice and how it brings cases. That image is gone. The pristine independence is gone, whether the case is successful or not. So this would be a new normal, which could have ramifications for many years to come. All right, Scott McFarlane, thank you.

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Breakdown