Thursday, October 9, 2025 - Former FBI Director James Comey pleaded not guilty to two criminal charges at his arraignment on Wednesday, where his legal team immediately announced plans to file several motions aimed at having the case dismissed before it goes to a jury.
Comey faces up to five years in prison if convicted on
charges of providing false statements and obstructing a congressional
proceeding. However, his attorney, Patrick Fitzgerald, stated in court that
they plan to challenge the prosecution with at least five motions, including an
“outrageous government conduct” motion.
Fitzgerald directly implicated the former president,
declaring, “This prosecution was brought by President Trump
The core of the defense strategy is to argue that the case is
a vindictive and selective prosecution. Comey’s lawyers will challenge the
appointment of the prosecutor in Virginia, Lindsey Halligan, who is a former
White House aide appointed as the Eastern District of Virginia’s interim U.S.
Attorney just three days before she presented the case to a grand jury.
The defense will also question the fairness of the grand jury
proceedings. Oral arguments on these challenges are scheduled for November and
December, with a trial tentatively set for January 5, expected to last two to
three days.
The charges stem from Comey’s 2020 congressional testimony,
where he allegedly lied about his knowledge of a leak of classified
information. The indictment claims Comey falsely testified that "he had
not authorized someone else to be an anonymous source in news reports."
The person Comey is accused of authorizing to leak the
information is referred to in the documents as “Person 3,” who is reportedly
his longtime friend and Columbia Law School professor, Daniel Richman.
The political backdrop is highly relevant; Donald Trump
summarily fired Comey in 2017 over the FBI’s investigation into Russian
election meddling. In a social media post addressed to the Attorney General in
September, the former president openly called for the Justice Department to
target several of his political foes, including Comey, writing, "JUSTICE
MUST BE SERVED, NOW!!!"
During the arraignment, Judge Michael Nachmanoff made it
clear he intends to keep the case on a fast track, stating, “I’m not going to
let things linger.” The judge emphasized the pressure on the government to
quickly turn over evidence, especially given the likelihood that classified
documents will be a key part of the case.
Meanwhile, Deputy Attorney General Todd Blanche defended the
prosecution on Fox News, insisting that Comey’s case represents the “equal
application of the law” and that he is being treated exactly like any other
charged individual.
However, the prosecution faces its own hurdles, as they will
likely have to defend against the argument that Trump’s own inflammatory public
statements biased the case an argument Trump’s own attorneys have used in other
federal cases.
Securing the indictment against Comey was reportedly
difficult for the Justice Department, with one interim U.S. Attorney even
resigning following continued pressure to bring charges against Trump’s
political enemies.
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