Topline
Former FBI Director James Comey pleaded not guilty to two federal charges against him Wednesday, with the judge scheduling his case for trial in January—becoming the first in a potential string of Trump rivals who may have to defend themselves in court, even as increasing reports undercut the strength of the government’s case against him.
Comey was arraigned at 10 a.m. EST in the Eastern District of Virginia, with his attorney Patrick Fitzgerald entering the plea of not guilty after Comey was indicted on two counts of false statements to Congress and obstruction.
Fitzgerald requested a jury trial in the case, and a trial date was set for Jan. 5, 2026, according to multiple reports, after both sides asked for additional time to prepare their arguments and scrutinize classified evidence.
Comey had been expected to plead not guilty to the charges, after the former FBI chief released a video defiantly opposing the case against him and saying his “heart is broken for the Department of Justice, but I have great confidence in the federal judicial system. And I’m innocent. So let’s have a trial.”
The case against Comey is based on statements he made to Congress in September 2020, when he testified he stood behind previous comments to Congress, in which he denied “ever authoriz[ing] someone else at the FBI to be an anonymous source” to the press.
It’s still unclear from the indictment what alleged leak the indictment is based on, but multiple reports suggest the charges are based on allegations that Comey authorized Columbia University professor Daniel Richman, who worked as an advisor to the FBI, to leak information to the press about investigations into former Secretary of State Hillary Clinton.
Those allegations have already been on shaky ground, as a previous government investigation found there wasn’t “sufficient evidence” to suggest Richman or Comey did anything unlawful, and ABC News reports Richman has told the FBI that Comey instructed him not to speak with the media on multiple occasions, with prosecutors believing the central witness would be “problematic” for their case if it goes to trial.
Comey could face up to five years in prison if convicted on the charges against him.
The court docket in Comey’s case suggests U.S. Attorney Lindsey Halligan, a former personal attorney to President Donald Trump, was not able to secure any support from other prosecutors in her office, the Eastern District of Virginia, for the case against Comey. The lawyer was the only prosecutor to sign the indictment against Comey, which legal experts have said is unusual, and two prosecutors from other districts publicly signed onto the case Tuesday. Trump installed Halligan as U.S. attorney after her predecessor Erik Siebert was ousted amid reports that he did not believe there was sufficient evidence to charge Comey or New York Attorney General Letitia James, another longtime Trump foe. Investigators at the Eastern District of Virginia reportedly presented Halligan with reports that there was insufficient evidence to bring charges against Comey, but Halligan—who has no prosecutorial experience—brought the charges anyway.
Comey has not mounted any formal argument in court or made filings that suggest how he’ll argue against the government’s charges. Legal experts widely believe the ex-FBI chief will first try to have the charges thrown out by arguing he’s the target of a “selective” or “vindictive” prosecution, meaning he was unfairly targeted without proper evidence. While such arguments are typically very hard to prove, legal experts told Politico Comey may have a good shot, given Trump’s repeated public comments suggesting he wants Comey to be prosecuted, including publicly urging Attorney General Pam Bondi to bring charges against the former FBI head and other Trump enemies only days before Comey was indicted. “Comey could become the poster child for selective prosecution,” one former prosecutor in the Eastern District of Virginia told Politico.
Comey’s indictment comes after Trump has long vowed “retribution” against his political enemies, and as federal prosecutors have launched investigations into other Trump foes including James, former national security advisor John Bolton and Sen. Adam Schiff, D-Calif.. Comey was FBI director when Trump first took office in 2017, and, while he was initially criticized for harming Clinton’s campaign by disclosing an investigation into the candidate’s private email server days before the 2016 election, he quickly drew Trump’s ire, announcing an investigation in March 2017 into whether the Trump campaign colluded with Russia. Trump reportedly demanded Comey’s “loyalty” before going on to fire him in May 2017, declaring the FBI chief to be “a real nut job.” Comey has since repeatedly publicly criticized Trump, including to Congress and in a book he wrote, and Republicans attacked him in May when the former FBI official made a social media post that said “86 47.” He has apologized and denied knowing that the term “86,” which was interpreted as a call for Trump’s assassination, had any implication of political violence.