Comey pleads innocent and will seek to dismiss the case to begin a vindictive process
Former FBI Director James Comey pleaded not guilty Wednesday to both counts in a federal indictment, and his lawyers said they will seek to have the case dismissed for vindictive and targeted prosecution.
A federal grand jury indicted Comey on Sept. 25, just days after President Donald Trump publicly demanded that Attorney General Pam Bondi and the Justice Department act “now” against Comey and other political opponents.
Comey is charged with one count of false statements and one count of obstruction of a congressional proceeding, related to his testimony before the Senate Judiciary Committee in 2020.
The plea was filed by his attorney Patrick Fitzgerald, who requested a jury trial.
The judge read the charges and said they carry a penalty of up to five years in prison with a $250,000 fine.
She asked if Comey understood the charges and he responded, “Yes, your honor.”
The trial date was set for January 5.
The judge asked how long the government expected the trial to last, and the government said between 2 and 3 days.
The judge said he was willing to move forward with a quick trial. The government said the case was “complicated” but did not appear to object to the court trial date.
“This does not appear to be a complicated case,” the judge said.
Fitzgerald agreed, saying, “We see this as a simple case.”
Comey has long been a target of criticism from Trump for his investigation into Russian interference in the 2016 election. On Monday, Trump, speaking to reporters in the Oval Office, called Comey a “dirty cop” and claimed it was a “simple case.”
But the Comey matter has created confusion in the U.S. Attorney’s Office for the Eastern District of Virginia, according to sources. The previous US attorney, Erik Siebert, resigned under pressure from the Trump administration to file criminal charges against Comey and New York Attorney General Letitia James. Trump said he fired Siebert.
Former Federal Bureau of Investigation Director James Comey speaks with members of the media at the Rayburn House Office Building on Capitol Hill on December 7, 2018 in Washington, DC.
Alex Wong/Getty Images
Trump then hand-picked Halligan, a White House aide and his former defense attorney, to replace Siebert and run the office. Halligan presented the Comey case to the grand jury, even though prosecutors and investigators reportedly determined there was not enough evidence to charge him, ABC News reported at the time.
Comey’s lawyers told the judge Wednesday that they plan to file a motion challenging the legality of Halligan’s appointment, but that it will be heard by a different judge appointed by the chief judge of the U.S. Court of Appeals for the 4th Circuit.
On Wednesday, the judge ordered the government to respond to those motions by Nov. 3 and ordered the defense to respond by Nov. 10. The judge said he wants the case to be fully briefed by Nov. 19 and said hearings will be planned for Nov. 19 and Dec. 9.
Oral arguments will be held Dec. 9 on the defense’s motion to dismiss due to grand jury abuse, “outrageous government conduct” and other motions that Comey’s lawyers did not disclose.
Both the defense and the judge expressed some confusion about why the government said there would be a substantial amount of classified information involved in the case.
At one point, Fitzgerald said he believed the government should have resolved the issue with classified information before filing the case. It appears that “the cart has been put before the horse,” Fitzgerald said.
The judge said there should be no reason for the case to be diverted because of classified information.
“We’re going to go through the fastest CIPA process you’ve ever seen in your life,” he joked, referring to the litigation that occurs around cases involving classified information.
The judge also said, “I will not delay this case” because of the government’s obligations to present evidence to the defense.
Comey was in court Wednesday for the first time since he was indicted last month, where he was joined inside the Alexandria, Virginia, courtroom by Fitzgerald and attorneys David Kelley and Jessica Carmichael.
Donald Trump’s attorney Lindsey Halligan holds ceremonial proclamations to be signed by Donald Trump (not pictured) in the Oval Office of the White House, March 6, 2025 in Washington, DC.
Al Drago/Getty Images
The government was represented by Halligan and Nathaniel “Tyler” Lemons, U.S. Attorney for the Eastern District of North Carolina. Ahead of Wednesday’s arraignment, the Justice Department added two assistant U.S. attorneys from out of state to work on the case.
Comey’s wife and daughter, Maureen Comey, were seen arriving at the Alexandria courthouse before the proceedings.
Comey has denied wrongdoing and said he expects a trial.
ABC News’ Alexandra Hutzler, Alexander Mallin, Peter Charalambous and Ely Brown contributed to this report.
