WASHINGTON — The FBI is considering staging a public arrest of its former director James Comey following his indictment last week on charges of perjury and obstruction of Congress, according to multiple people familiar with internal discussions.
The deliberations have sparked controversy inside the bureau, with at least one agent suspended after refusing to take part in what colleagues described as an unusually “showy” operation for a white-collar defendant.
Comey, who led the FBI from 2013 until his dismissal by President Donald J. Trump in 2017, was indicted by a federal grand jury on Sept. 25. Prosecutors allege that he misled Congress in 2020 testimony concerning the use of FBI officials as anonymous sources in media reports about the Hillary Clinton investigation. Comey has denied the charges, calling them politically motivated and vowing to fight them in court. His arraignment is scheduled for Oct. 9 in federal court in northern Virginia.
Instead of allowing Comey’s attorneys to deliver him for the proceeding — a standard practice in cases of nonviolent, white-collar charges — senior FBI officials debated deploying agents in full tactical gear to conduct a high-profile arrest. According to accounts provided to CBS News and Reuters, the plan called for “large, beefy” agents outfitted in Kevlar vests and FBI insignia to carry out the arrest in public view.
When one supervisory agent in the Washington field office objected and refused to participate, citing the highly unusual nature of such a display, he was suspended for insubordination, according to multiple sources briefed on the matter.
The prospect of a so-called “perp walk” has fueled criticism across the political spectrum. Legal experts note that while public arrests are sometimes staged in high-profile cases, they are rarely used for defendants like Comey. Critics argue the tactic undermines the presumption of innocence and risks politicizing federal law enforcement.
FBI Director Kash Patel, who was appointed to the role earlier this year by President Trump, defended the bureau’s approach and lashed out at MSNBC after its reporting on the dispute. In a social media post, Patel called the network an “ass clown factory of disinformation,” accusing it of hypocrisy over its past coverage of arrests involving Trump allies.
Comey, for his part, responded to the indictment by declaring: “Let’s have a trial.” Legal analysts, including conservative attorney George Conway, have questioned the validity of the charges on procedural grounds.
The indictment marks a dramatic escalation in the long-running feud between Mr. Trump and the FBI’s former director. Mr. Trump has repeatedly attacked Comey over his handling of the investigation into Russian interference in the 2016 election, and allies have urged prosecutions of former officials they accuse of undermining his presidency.
The Justice Department, under Attorney General Pam Bondi, has declined to comment on the internal FBI dispute. Comey’s attorney also declined to speak publicly.
Whether the FBI will proceed with a public arrest remains unclear, though sources say bureau leadership continues to explore options ahead of Comey’s scheduled court appearance.
