A federal judge appointed by former President Joe Biden was assigned to preside over the Department of Justice’s prosecution of former FBI Director James Comey, who stands accused of lying to Congress.
Judge Michael Nachmanoff of the U.S. District Court for the Eastern District of Virginia set an arraignment for Oct. 9 in the case involving one of President Donald Trump’s top political nemeses.
Nachmanoff is a former public defender, which lawyer William Shipley said is a sign that he might not be an "activist progressive judge." Shipley, a former longtime federal prosecutor who defended dozens of Jan. 6 defendants, said in a social media post that Nachmanoff might be the "best potential draw" of the district's Biden-appointed judges.
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U.S. District Judge Michael Nachmanoff testifies during a Senate Judiciary Committee nomination hearing in Washington, D.C., July 28, 2021, in this frame grab. (U.S. Senate/Handout via REUTERS)
"He does not have a background that suggests ‘progressive’ activism as is true of many Biden appointed district judges, particularly those in the last 2 years of his Admin," Shipley wrote.
Nachmanoff was raised in Virginia and attended University of Virginia law school.
He was confirmed as a judge in the Senate in 2021 with support from all Democrats and three Republicans: Sens. Susan Collins of Maine, Lindsey Graham of South Carolina and Lisa Murkowski of Alaska.
Former FBI Director James Comey appears for an interview on ABC's "20/20," aired on April 15, 2018. (Ralph Alswang/Disney General Entertainment Content via Getty Images)
In a lawsuit brought against the Trump administration this year by a fired doctor, Nachmanoff sided with the administration by allowing the CIA's termination of Dr. Terry Adirim, who had a role in mandating vaccines under the Biden administration. The judge’s involvement in that case was first reported by Politico.
Trump on Friday called Nachmanoff "crooked," a term the president has used for many judges who have ruled against him in civil cases this year or presided over his criminal cases.
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President Donald Trump speaks at a hearing of the Religious Liberty Commission at the Museum of the Bible, Sept. 8, 2025, in Washington. (AP Photo/Alex Brandon)
"[Comey] was just assigned a Crooked Joe Biden appointed Judge, so he’s off to a very good start," Trump wrote on Truth Social.
Comey is facing one charge of making a false statement to Congress and one charge of obstructing justice. He denied the allegations in a statement through his attorney, Patrick Fitzgerald, a former U.S. attorney and special counsel.
"Jim Comey denies the charges filed today in their entirety. We look forward to vindicating him in the courtroom," Fitzgerald said.
David Spunt contributed to this report.