By Kristen Holmes, Evan Perez, CNN(CNN) — The FBI disciplined an agent after refusing to participate in plans for a surrender and arrest of former FBI director James Comey at the time of his indictment, according to a source familiar with the matter. Comey, a longtime critic of President Donald Trump, was indicted last week on charges of giving false statements and obstruction of a congressional proceeding. After Comey was indicted by the grand jury, the federal court in Northern Virginia signed off on a summons for him to appear in federal court, meaning Comey is not being arrested prior to his arraignment, and only must attend his first court appearance on Thursday where he will face charges. Had Comey been ordered to surrender, his treatment in this case would have been similar to the handling of some of Trump’s indictments. FBI Director Kash Patel posted on social media Saturday following reports by Reuters and others about the internal dispute over the Comey surrender.