Former FBI Director James Comey pleaded not guilty on Wednesday to two federal charges: making false statements and obstructing a congressional proceeding. The arraignment marked the start of what is shaping up to be a politically charged legal battle, with Comey’s defense team immediately signaling its intent to seek dismissal of the case before it reaches a jury.
Comey faces up to five years in prison if convicted. His attorney, Patrick Fitzgerald, told the court they plan to file at least five pretrial motions, including one accusing the government of “outrageous conduct.” Fitzgerald directly blamed former President Donald Trump for the charges, stating in court: “This prosecution was brought by President Trump.”
Defense Strategy: Political Retaliation and Improper Prosecutor Appointment
Comey’s legal team argues that the case is an example of vindictive and selective prosecution. Central to their argument is the claim that the prosecutor, Lindsey Halligan—formerly a White House aide—was improperly appointed as interim U.S. Attorney for the Eastern District of Virginia just three days before presenting the case to a grand jury.
The defense also plans to challenge the fairness of the grand jury proceedings and question the legitimacy of the indictment. Oral arguments on these motions are scheduled for November and December. A trial date has been tentatively set for January 5 and is expected to last two to three days
The Charges: Alleged False Testimony in 2020
The charges stem from Comey’s 2020 testimony before Congress, during which he allegedly denied authorizing any individual to serve as an anonymous source in news reports concerning classified information. Prosecutors claim this was false and that Comey had, in fact, directed someone—referred to in court documents as “Person 3”—to leak the information.
Person 3 is widely believed to be Daniel Richman, a Columbia Law School professor and longtime friend of Comey.
Political Undercurrents
Comey’s firing by Trump in 2017, amid the FBI’s investigation into Russian election interference, remains a key backdrop to the case. In a September social media post, Trump called on the Justice Department to pursue several of his political adversaries, including Comey, writing, “JUSTICE MUST BE SERVED, NOW!!!”
This rhetoric may complicate the prosecution’s case. Trump’s public demands for investigations into his opponents are expected to be used by the defense to argue that Comey is the target of a politically motivated prosecution—an argument Trump’s own legal team has used in his federal cases.
Reports suggest the Justice Department faced internal resistance in pursuing charges against Comey. One interim U.S. Attorney reportedly resigned after continued pressure to indict individuals perceived as political enemies of Trump.
Judge Sets Fast Timeline, Prosecution Defends Case
U.S. District Judge Michael Nachmanoff made clear during the arraignment that he intends to move the case along quickly. “I’m not going to let things linger,” he said, instructing the government to promptly turn over discovery materials, including likely classified documents.
Deputy Attorney General Todd Blanche, speaking on Fox News, defended the charges, saying Comey is receiving the “equal application of the law” and that he is being treated no differently than any other defendant.
Still, the prosecution may face a steep challenge in proving its case amid allegations of political interference and the need to manage sensitive classified evidence in a high-profile trial.
