The Justice Department is reportedly preparing to charge a man accused of threatening Katie Miller, even as some FBI and DOJ officials question whether the evidence meets federal standards for a threats prosecution. The matter has prompted personnel changes at the FBI, including the reassignment of two Washington counterterrorism officials and the resignation of Deputy Director Andrew Bailey. Former DOJ reviewers have suggested the case might be more appropriately handled by local law enforcement. An indictment or criminal complaint could be filed as soon as this week, according to reports.
FBI Turmoil as DOJ Considers Charges Over Threats to Katie Miller Amid Internal Doubts
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Prosecutors are reportedly preparing to charge a man accused of threatening Katie Miller, the wife of former Trump adviser Stephen Miller, even as some officials within the FBI and Justice Department question whether the evidence meets the legal threshold for a federal threats prosecution, according to media reports.
People familiar with the matter told Bloomberg that Justice Department prosecutors in Boston have been urged to pursue a charging decision despite internal skepticism about the sufficiency of the evidence. The reporting says the Justice Department could file either an indictment or a criminal complaint as soon as this week, though the exact charge had not been finalized.
MAGA podcaster Katie Miller doesn't think
Former Justice Department officials interviewed by reporters said the facts, as understood by those reviewers, may not satisfy the federal statutory elements required for a threats case and that the incident might be better handled by local law enforcement. Prosecutors in the U.S. Attorney's Office in Massachusetts and some FBI personnel have reportedly expressed similar concerns about the strength of the case and the likelihood of securing a conviction.
Those developments follow high-level personnel shifts at the FBI. Deputy Director Andrew Bailey resigned amid reported clashes over the handling of the investigation into the calls directed at the Millers. Last Friday, Michael Burgwald, the counterterrorism chief at the FBI’s Washington Field Office, and his deputy, Courtland Rae, were removed from their assignments and reassigned to FBI headquarters.
Miller is an architect of the Trump administration's immigration policy. / Evelyn Hockstein / REUTERS
Reporting indicates the personnel moves came after frustration from the Millers about the pace of the investigation. A White House spokeswoman told Bloomberg Law that senior FBI leadership concluded the two agents had been impeding investigations into what the bureau considered very serious threats and that the reassignment was a decision taken at the field office level.
'Harassing phone calls aren't even in the ballpark of terrorism unless an actual terrorist is doing the dialing,' an ex-FBI official briefed on the matter told MS NOW.
The FBI has characterized the reassignment as a Washington field office personnel decision. The agency also said that suggestions the director ordered the moves are false, while the U.S. Attorney's Office in Boston declined to comment to Bloomberg.
Katie Miller, 34, previously served as an assistant press secretary at the Department of Homeland Security and later worked on then–Vice President Mike Pence's communications team. She most recently served as communications director for a government office in early 2025 and now hosts a podcast and makes occasional television appearances. In May she described a widely shared post from the Democrats’ official X account telling her husband to 'shut up' as 'violent.'
The reporting presents competing views inside the government about whether the case warrants federal prosecution, and it highlights tensions between investigators, Justice Department prosecutors, and political actors pushing for swift action. As reporting continues, officials and outlets have not reached a single, definitive public account of all facts or the final charging decision.
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