Former FBI Director James Comey pleaded not guilty to two criminal charges during his arraignment Wednesday. His lawyers say they’re preparing a series of motions they believe could get the case tossed before it ever reaches a jury.
Former FBI Director James Comey Charged with Lying to Congress
Comey faces up to five years in prison if convicted of lying to Congress and obstructing a congressional proceeding. His legal team, led by attorney Patrick Fitzgerald, plans to file at least five motions challenging everything from how the case was brought to who’s prosecuting it.
“This prosecution was brought by President Trump,” Fitzgerald said in court, adding that one of the motions will allege “outrageous government conduct.”
Comey’s team also intends to question the appointment of Lindsey Halligan, the Virginia-based prosecutor handling the case. They’ll argue the charges are politically motivated, part of what they call a “vindictive” prosecution.
Judge Michael Nachmanoff set oral arguments for November and December, with a trial date of January 5. Both sides expect the trial to last two or three days. Prosecutors did not ask that Comey be detained before trial.
Nachmanoff made it clear he wants the process to move quickly. “I’m not going to let things linger,” he said, urging both sides to exchange evidence promptly. The judge also noted that classified materials will likely play a role in the case, saying the government faces “enormous pressure” to decide how it will handle that information.
During the hearing, Fitzgerald called representing Comey “the honor of my life.”
The charges trace back to Comey’s 2020 congressional testimony, where prosecutors allege he lied about authorizing someone to anonymously leak classified information to the press. According to the indictment, Comey testified that he “had not authorized someone else to be an anonymous source,” a statement prosecutors claim was false.
Trump fired Comey in 2017
Comey’s wife, Patrice Failor, and their daughter Maurene were seen arriving with him at the courthouse in Alexandria, Virginia.
The political backdrop of the case looms large. Trump fired Comey in 2017 over the FBI’s Russia investigation, and in a social media post last month, the president called on Attorney General Pam Bondi to pursue criminal cases against several of his political rivals — including Comey.
“We can’t delay any longer,” Trump wrote. “They impeached me twice and indicted me five times. JUSTICE MUST BE SERVED, NOW!!!”
Comey responded in a video message after his indictment, saying: “My heart is broken for the Department of Justice, but I have great confidence in the federal judicial system — and I’m innocent. Let’s have a trial. And keep the faith.”
Securing the indictment wasn’t easy. One interim U.S. Attorney reportedly resigned after what insiders described as mounting political pressure to bring charges against Comey and New York Attorney General Letitia James — both frequent Trump critics.
Just days before the grand jury proceedings, Trump appointed Halligan — a former White House aide with no prior prosecutorial experience — as interim U.S. Attorney for the Eastern District of Virginia. She secured two of the three charges the Justice Department sought and has since added two federal prosecutors from North Carolina, Nathaniel Tyler Lemons and Gabriel Diaz, to her team.
Prosecutors Facing Major Hurdles
Earlier this year, Comey faced brief scrutiny after posting a photo on social media showing seashells arranged to spell out “86 47.” The numbers — commonly interpreted as slang for “get rid of” and a reference to Trump as the 47th president — drew attention but were ultimately deemed unrelated to the current charges.
Outside the courthouse Wednesday, protesters held signs reading “Show Trial,” reflecting how politically charged the case has become.
Prosecutors still face significant hurdles. Trump’s public comments could bolster Comey’s argument that this case stems from personal and political vendettas rather than legal merit. His team also plans to challenge Halligan’s authority, arguing her interim appointment had expired under the 120-day limit for unconfirmed U.S. Attorneys.
Despite those concerns, Deputy Attorney General Todd Blanche defended the case in a Fox News interview, calling it an “equal application of the law.”
“Mr. Comey is being treated like anyone else facing criminal charges,” Blanche said. “We’re not worried about political backlash — our job is to enforce the law, whether it happened today or four years ago.”
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