Former FBI Director James Comey pleaded not guilty Wednesday morning to federal charges for making a false statement and obstruction.
Comey was arraigned in Alexandria, Va., nearly two weeks after he was indicted at the urging of President Donald Trump. He is seeking a jury trial and made clear he understood the charges. The arraignment was moved up from Thursday because of logistical and security issues.
U.S. District Judge Michael Nachmanoff set a trial date for January 5, although Comey will likely seek to have the case dismissed before that. His defense team, led by former federal prosecutor Patrick Fitzgerald, are expected to seek dismissal for vindictive prosecution and the legality of interim U.S. Attorney Lindsey Halligan’s appointment.
Comey faces up to five years in prison if convicted. Many legal analysts believe the case will be a difficult one to prove because of the specifics of the charges.
The Trump administration installed Halligan, Trump’s former personal lawyer, to bring the case against Comey in the eastern district of Virginia after an experienced prosecutor refused to do so. Halligan was previously a mid-level White House aide and part of Trump’s defense team for his classified documents case in Florida.
Halligan lacks prosecutorial experience and has reportedly struggled to build support for the case in her office. She recently brought in outside prosecutors from North Carolina to help her with the case. Halligan has been personally involved with aspects of the prosecution, a move considered unusual by Justice Department standards.
Reacting to his indictment last month, Comey declared “let’s have a trial” in a defiant video professing his innocence. The indictment came right before the statute of limitations was set to expire for Comey’s false statement charge, which is based on congressional testimony he gave five years ago.
Trump fired Comey in 2017 for his role in launching the FBI’s investigation into false claims of collusion between Trump’s 2016 campaign and Russia. Comey became an anti-Trump commentator after his dismissal and is the most high-profile political opponent of the president to face criminal charges. The Trump administration has launched several other criminal investigation against the president’s foes but they have yet to lead to charges.
Right before the Comey indictment, Trump publicly pressed Attorney General Pam Bondi to get the case going against Comey. Once Comey was indicted, Trump reacted gleefully to the news. The Justice Department has defended its Comey prosecution by asserting its commitment to holding the powerful accountable for breaking the law.
“No one is above the law. Today’s indictment reflects this Department of Justice’s commitment to holding those who abuse positions of power accountable for misleading the American people. We will follow the facts in this case,” Bondi said in a statement upon the indictment.
Comey is being prosecuted in a heavily Democratic area outside of Washington, D.C. where the jury pool will likely be favorable. Trump has criticized Nachmanoff, the judge on the case, because he is an appointee of former President Biden.